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 1083/2006
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 177 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinions of the European Economic and Social Committee ,
Having regard to the opinions of the Committee of the Regions ,
Having regard to the opinions of the Court of Auditors ,
Acting in accordance with the ordinary legislative procedure,
Whereas:
(1)
Article 174 of the Treaty on the Functioning of the European Union (TFEU) provides that, in order to strengthen its economic, social and territorial cohesion, the Union is to aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions or islands, and that particular attention is to be paid to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps. Article 175 TFEU requires that the Union is to support the achievement of these objectives by the action it takes through the European Agricultural Guidance and Guarantee Fund, Guidance Section, the European Social Fund, the European Regional Development Fund, the European Investment Bank and other instruments.
(2)
In order to improve coordination and harmonise implementation of the Funds providing support under cohesion policy, namely the European Regional Development Fund (ERDF), the European Social Fund (ESF) and the Cohesion Fund, with the Fund for rural development, namely the European Agricultural Fund for Rural Development (EAFRD), and for the maritime and fisheries sector, namely measures financed under shared management in the European Maritime and Fisheries Fund (EMFF), common provisions should be established for all these Funds (the 'European Structural and Investment Funds' - 'ESI Funds'). In addition this Regulation contains general provisions which apply to the ERDF, the ESF and the Cohesion Fund, but do not apply to the EAFRD and the EMFF as well as general provisions applicable to the ERDF, the ESF, the Cohesion Fund and the EMFF, but do not apply to the EAFRD. Due to the particularities that exist for each ESI Fund, specific rules applicable to each ESI Fund and to the European territorial cooperation goal under the ERDF should be specified in separate Regulations.
(3)
In line with the conclusions of the European Council of 17 June 2010, whereby the Union strategy for smart, sustainable and inclusive growth was adopted, the Union and Member States should implement the delivery of smart, sustainable and inclusive growth, while promoting harmonious development of the Union and reducing regional disparities. The ESI Funds should play a significant role in the achievement of the objectives of the Union strategy for smart, sustainable and inclusive growth.
(4)
As regards the Common Agricultural Policy (CAP), significant synergies have already been obtained by harmonising and aligning management and control rules for the first pillar (European Agricultural Guarantee Fund - EAGF) and the second pillar (EAFRD) of the CAP. The strong link between the EAGF and the EAFRD should therefore be maintained and the structures already in place in the Member States preserved.
(5)
The outermost regions should benefit from specific measures and from additional funding to offset their structural social and economic situation together with the handicaps resulting from the factors referred to in Article 349 TFEU.
(6)
The northern sparsely populated regions should benefit from specific measures and additional funding to offset the severe and natural or demographic handicaps referred to in Article 2 of Protocol No 6 to the 1994 Act of Accession.
(7)
To ensure the correct and consistent interpretation of provisions and to contribute to legal certainty for Member States and beneficiaries, it is necessary to define certain terms that are used in this Regulation.
(8)
Where a time limit is set for the Commission to adopt or amend a decision, in accordance with this Regulation, the time limit for the adoption or amendment of such a decision should not include the period starting on the date on which the Commission has sent its observations to the Member State and lasting until the Member State has responded to those observations.
(9)
This Regulation consists of five parts, of which the first sets out the subject-matter and definitions, the second contains rules applicable to all ESI Funds, the third includes provisions applicable only to the ERDF, the ESF and the Cohesion Fund (the 'Funds'), the fourth includes provisions applicable only to the Funds and to the EMFF and the fifth includes the final provisions. In order to ensure consistency in the interpretation of the different parts of this Regulation and between this Regulation and the Fund-specific Regulations, it is important to set out clearly the relationships between them. In addition, specific rules established in the Fund-specific rules can be complementary but should derogate from the corresponding provisions in this Regulation only where such derogation is specifically provided for in this Regulation.
(10)
Under Article 317 TFEU, and in the context of shared management, the conditions allowing the Commission to exercise its responsibilities for implementation of the budget of the Union should be specified and the responsibilities of cooperation with the Member States clarified. Those conditions should enable the Commission to obtain assurance that Member States are using the ESI Funds in a legal and regular manner and in accordance with the principle of sound financial management within the meaning of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (the 'Financial Regulation'). Member States at the appropriate territorial level, in accordance with their institutional, legal and financial framework and the bodies designated by them for that purpose should be responsible for preparing and implementing programmes. Those conditions should also ensure that attention is drawn to the need to ensure complementarity and consistency of relevant Union intervention, to respect the principle of proportionality and take into account the overall aim of reducing administrative burden.
(11)

For the Partnership Agreement and each programme respectively, each Member State should organise a partnership with the representatives of competent regional, local, urban and other public authorities, economic and social partners and other relevant bodies representing civil society, including environmental partners, non-governmental organisations and bodies responsible for promoting social inclusion, gender equality and non-discrimination, including, where appropriate, the umbrella organisations of such authorities and bodies. The purpose of such a partnership is to ensure respect for the principles of multi-level governance, and also of subsidiarity and proportionality and the specificities of the Member States' different institutional and legal frameworks as well as to ensure the ownership of planned interventions by stakeholders and build on the experience and the know-how of relevant actors. The Member States should identify the most representative relevant partners. Those partners should include institutions, organisations and groups which are capable of influencing the preparation or could be affected by the preparation and implementation of the programmes. In this context it should also be possible for Member States to identify, where appropriate, as relevant partners, umbrella organisations which are the associations, federations or confederations of relevant regional, local and urban authorities or other bodies in accordance with applicable national law and practices.
The Commission should be empowered to adopt a delegated act providing for a European code of conduct on partnership in order to support and facilitate Member States in the organisation of partnership with regard to ensuring the involvement of relevant partners in the preparation, implementation, monitoring and evaluation of Partnership Agreements and programmes in a consistent manner. That adopted delegated act should have under no circumstances and in no way of its interpretation retroactive effect or be the basis for establishing irregularities leading to financial corrections. The adopted delegated act should not specify a date of application that is earlier than the date of its adoption. The adopted delegated act should allow Member States to decide on the most appropriate detailed arrangements for implementing the partnership in accordance with their institutional and legal framework as well as their national and regional competences, provided that its objectives, as laid down in this Regulation, are achieved.
(12)
The activities of the ESI Funds and the operations which they support should comply with applicable Union and the related national law which directly or indirectly implements this Regulation and the Fund-specific rules.
(13)
In the context of its effort to increase economic, territorial and social cohesion, the Union should, at all stages of implementation of the ESI Funds, aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation as set out in Article 2 of the Treaty on the European Union (TEU), Article 10 TFEU and Article 21 of the Charter of Fundamental Rights of the European Union, taking into account in particular accessibility for persons with disabilities, as well as Article 5(2) of the Charter of Fundamental Rights stating that no one is to be required to perform forced or compulsory labour.
(14)
The objectives of the ESI Funds should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Articles 11 and 191(1) TFEU, taking into account the polluter pays principle. To this end, the Member States should provide information on the support for climate change objectives, in line with the ambition to devote at least 20 % of the budget of the Union to those objectives, using a methodology based on the categories of intervention, focus areas or measures adopted by the Commission by means of an implementing act reflecting the principle of proportionality.
(15)
In order to contribute to the Union strategy for smart, sustainable and inclusive growth and to the Fund-specific missions pursuant to their Treaty-based objectives, including economic, social and territorial cohesion, the ESI Funds should focus their support on a limited number of common thematic objectives. The precise scope of each of the ESI Funds should be set out in Fund-specific rules. It should be possible to limit that scope to only some of the thematic objectives defined in this Regulation.
(16)
In order to maximise the contribution of the ESI Funds and to establish strategic guiding principles to facilitate the programming process at the level of Member States and the regions, a Common Strategic Framework ('CSF') should be established. The CSF should facilitate the sectoral and territorial coordination of Union intervention under the ESI Funds and with other relevant Union policies and instruments, in line with the targets and objectives of the Union strategy for smart, sustainable and inclusive growth, taking into account the key territorial challenges of the various types of territories.
(17)
The CSF should set out how the ESI Funds are to contribute to the Union strategy for smart, sustainable and inclusive growth, the arrangements to promote an integrated use of the ESI Funds, the arrangements for coordination between the ESI Funds and other relevant Union policies and instruments, horizontal principles and cross-cutting policy objectives for the implementation of the ESI Funds, the arrangements to address key territorial challenges and priority areas for cooperation activities under the ESI Funds.
(18)
Member States and regions increasingly face challenges that relate to the impact of globalisation, environmental and energy concerns, population ageing and demographic shifts, technological transformation and innovation demands, and social inequality. Due to the complex and interrelated nature of such challenges, the solutions supported by the ESI Funds should be of an integrated nature, multi-sectoral and multi-dimensional. In this context, and in order to increase the effectiveness and efficiency of the policies, it should be possible for the ESI Funds to be combined into integrated packages which are tailor-made to fit the specific territorial needs.
(19)
The combination of a shrinking working population and an increasing proportion of retired people in the general population as well as the problems associated with population dispersion, are expected to continue to place strains, inter alia, on Member States' education and social support structures and thus on the Union's economic competitiveness. Adapting to such demographic changes constitutes one of the core challenges that Member States and regions are to face in the years to come, and as such should be given a particularly high level of consideration for the regions most affected by demographic change.
(20)
On the basis of the CSF, each Member State should prepare, in cooperation with its partners, and in dialogue with the Commission, a Partnership Agreement. The Partnership Agreement should translate the elements set out in the CSF into the national context and set out firm commitments to the achievement of Union objectives through the programming of the ESI Funds. The Partnership Agreement should set out arrangements to ensure alignment with the Union strategy for smart, sustainable and inclusive growth as well as with the Fund-specific missions pursuant to their Treaty-based objectives, arrangements to ensure effective and efficient implementation of the ESI Funds and arrangements for the partnership principle and an integrated approach to territorial development. A distinction should be made between the essential elements of the Partnership Agreement which are subject to a Commission decision and other elements which are not subject to the Commission decision and can be amended by the Member State. It is necessary to envisage specific arrangements for the submission and adoption of the Partnership Agreement and the programmes should the entry into force of one or more Fund-specific Regulations be delayed or be expected to be delayed. This entails establishing provisions which allow for the submission and adoption of the Partnership Agreement even in the absence of certain elements in relation to the ESI Fund or Funds affected by the delay, and the later submission of a revised Partnership Agreement after the entry into force of the delayed Fund-specific Regulation or Regulations. Since the programmes co-financed by the ESI Fund affected by the delay should in this case be submitted and adopted only after the entry into force of the Fund-specific Regulation concerned, appropriate deadlines for the submission of the affected programmes should also be laid down.
(21)
Member States should concentrate support to ensure a significant contribution to the achievement of Union objectives in line with their specific national and regional development needs. Ex ante conditionalities, as well as a concise and exhaustive set of objective criteria for their assessment, should be defined to ensure that the necessary prerequisites for the effective and efficient use of Union support are in place. To this end, an ex ante conditionality should apply to a priority of a given programme only when it has a direct and genuine link to, and a direct impact on, the effective and efficient achievement of a specific objective for an investment priority or a Union priority, given that not every specific objective is necessarily linked to an ex ante conditionality laid down in the Fund-specific rules. The assessment of applicability of an ex ante conditionality should take account of the principle of proportionality having regard to the level of support allocated, where appropriate. The fulfilment of the applicable ex ante conditionalities should be assessed by the Member State in the framework of its preparation of the programmes and, where appropriate, the Partnership Agreement. The Commission should assess the consistency and adequacy of the information provided by the Member State. In cases where there is a failure to fulfil an applicable ex ante conditionality within the deadline laid down, the Commission should have the power to suspend interim payments to the relevant priorities of the programme under precisely defined conditions.
(22)
The Commission should undertake a performance review based on a performance framework and in cooperation with the Member States, in 2019. The performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each priority over the course of the 2014 - 2020 programming period (the 'programming period'). In order to ensure that the budget of the Union is not used in a wasteful or inefficient way, where there is evidence that a priority has seriously failed to achieve the milestones that relate only to financial indicators, output indicators and key implementation steps, set out in the performance framework, due to clearly identified implementation weaknesses previously communicated by the Commission, and the Member State has failed to take the necessary corrective action, the Commission should be able to suspend payments to the programme or, at the end of the programming period, to apply financial corrections. The application of financial corrections should take into account, with due respect for the principle of proportionality, the absorption level and external factors contributing to the failure. Financial corrections should not be applied where targets are not achieved because of the impact of socio-economic or environmental factors, significant changes in the economic or environmental conditions in a Member State or because of reasons of force majeure seriously affecting the implementation of the priorities concerned. Result indicators should not be taken into account for the purposes of suspensions or financial corrections.
(23)
In order to facilitate the focus on performance and attainment of the objectives of the Union strategy for smart, sustainable and inclusive growth, a performance reserve consisting of 6 % of the total allocation for the Investment for growth and jobs goal, as well as for the EARDF and for measures financed under shared management in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the 2014-2020 programming period (the 'EMFF Regulation'), should be established for each Member State. Due to their diversity and multi-country character, there should be no performance reserve for programmes under the European territorial cooperation goal. The resources allocated to the Youth Employment Initiative (YEI) as defined in the operational programme in accordance with Regulation (EU) No 1304/2013 of the European Parliament and of the Council (the 'ESF Regulation'); to technical assistance at the initiative of the Commission; transfers from the first pillar of the CAP to the EAFRD under Regulation (EU) No 1307/2013 of the European Parliament and of the Council ; transfers to the EAFRD pursuant to the provisions on voluntary adjustment of direct payments in 2013 and on transfers to the EAFRD, laid down in Council Regulation (EC) No 73/2009 in respect of calendar years 2013 and 2014; transfers to the Connecting Europe Facility from the Cohesion Fund; transfers to the Fund for European Aid for the Most Deprived, as defined in a future Union legal act; and innovative actions for sustainable urban development should be excluded for the purpose of calculating the performance reserve.
(24)

A closer link between cohesion policy and the economic governance of the Union is needed in order to ensure that the effectiveness of expenditure under the ESI Funds is underpinned by sound economic policies and that the ESI Funds can, if necessary, be redirected to addressing the economic problems a Member State is facing. Under the first strand of measures linking effectiveness of ESI Funds to sound economic governance, the Commission should be able to request amendments to the Partnership Agreement and to the programmes in order to support the implementation of relevant Council recommendations or to maximise the growth and competitiveness impact of the available ESI Funds where Member States are receiving relevant financial assistance. Reprogramming should be used only in cases where it could indeed have a direct impact on the correction of the challenges identified in the relevant Council recommendations under the economic governance mechanisms in order to avoid frequent reprogramming which would disrupt fund management predictability. Under the second strand of measures linking effectiveness of ESI Funds to sound economic governance, where a Member State fails to take effective action in the context of the economic governance process, the Commission should make a proposal to the Council to suspend part or all of the commitments or payments for the programmes of that Member State. It is necessary to establish different procedures for the suspension of commitments and payments. Nevertheless, in both cases, when making a proposal for a suspension, the Commission should take into account all relevant information and give due consideration to any elements arising from, and opinions expressed through, the structured dialogue with the European Parliament.
The scope and level of a suspension should be proportionate and effective, and respect equality of treatment between Member States. Furthermore, a suspension should take into account the economic and social circumstances of the Member State concerned as well as the possible overall economic impact on a Member State resulting from the different steps of the excessive deficit procedure (EDP) and excessive imbalances procedure (EIP).
(25)
By virtue of Protocol No 15 on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland, annexed to the TEU and to the TFEU, certain provisions on the excessive deficit and related procedures are not to apply to the United Kingdom. Provisions on suspension of all or part of payments and commitments should therefore not apply to the United Kingdom.
(26)
Due to the paramount importance of the principle of co-financing for the implementation of the ESI Funds, in order to ensure the ownership of the policies on the ground, and in line with the proportional application of suspensions, any decisions on suspensions triggered under the second strand of measures linking effectiveness of ESI Funds to sound economic governance should be made taking into account the specific requirements applicable to the Member State concerned to provide co-financing for the programmes financed from the ESI Funds. The suspensions should be lifted and the funds made available again to the Member State concerned as soon as the Member State takes the necessary action.
(27)
The ESI Funds should be implemented through programmes covering the programming period in accordance with the Partnership Agreement. Programmes should be drawn up by Member States based on procedures that are transparent, in accordance with their institutional and legal framework. Member States and the Commission should cooperate to ensure coordination and consistency of programming arrangements for the ESI Funds. As the content of programmes is closely interlinked with that of the Partnership Agreement, the programmes should be submitted within three months of the submission of the Partnership Agreement. A deadline of nine months from the date of entry into force of this Regulation should be provided for in relation to the submission of programmes under the European territorial cooperation goal in order to take into account the multi-country character of those programmes. In particular, a distinction should be made between the core elements of the Partnership Agreement and programmes which should be subject to a Commission decision and other elements which are not covered by the Commission decision and can be amended under the responsibility of the Member State. Programming should ensure consistency with the CSF and Partnership Agreement, coordination between the ESI Funds and with the other existing funding instruments and the input of the European Investment Bank if relevant.
(28)
With a view to ensuring consistency between programmes supported under different ESI Funds, particularly in the context of ensuring a contribution to the Union strategy for smart, sustainable and inclusive growth, it is necessary to set out common minimum requirements as regards the content of the programmes, which may be complemented by Fund-specific rules to take into account the specific nature of each ESI Fund.
(29)
It is necessary to lay down clear procedures for the assessment, adoption and amendment of programmes by the Commission. In order to ensure consistency between the Partnership Agreement and programmes, it should be specified that programmes, with the exception of programmes under the European territorial cooperation goal, cannot be approved before the adoption by the Commission of a decision approving the Partnership Agreement. To reduce the administrative burden on Member States, any approval of an amendment of certain parts of a programme by the Commission should result automatically in an amendment of the relevant parts of the Partnership Agreement. Furthermore, the immediate mobilisation of the resources allocated to the YEI should also be ensured by establishing special rules for the submission and the approval procedure of the dedicated operational programmes for the YEI referred to in the ESF Regulation.
(30)
In order to optimise the added value from investments funded wholly or in part through the budget of the Union in the field of research and innovation, synergies should be sought in particular between the operation of the ESI Funds and Horizon 2020, as set up in Regulation (EU) No 1291/2013 of the European Parliament and of the Council , whilst respecting their distinct objectives. Key mechanisms for achieving those synergies should be the recognition of flat rates for eligible costs from Horizon 2020 for a similar operation and beneficiary and the possibility of combining funding from different Union instruments, including ESI Funds and Horizon 2020, in the same operation while avoiding double financing. In order to strengthen the research and innovation capacities of national and regional actors and to achieve the goal of building a "Stairway to excellence" in less developed regions and low-performing Research, Development and Innovation (RDI) Member States and regions, close synergies should be developed between the ESI Funds and Horizon 2020 in all relevant programme priorities.
(31)
Territorial cohesion has been added to the goals of economic and social cohesion by the TFEU, and it is necessary to address the role of cities, functional geographies and sub-regional areas facing specific geographical or demographic problems. To this end, and to better mobilise potential at a local level, it is necessary to strengthen and facilitate community-led local development by laying down common rules and ensuring close coordination for all relevant ESI Funds. Community-led local development should take into account local needs and potential, as well as relevant socio-cultural characteristics. Responsibility for the design and implementation of community-led local development strategies should be given to local action groups representing the interests of the community, as an essential principle. The detailed arrangements concerning the definition of the area and population covered by the community-led local development strategies should be set out in the relevant programmes in accordance with the Fund-specific rules.
(32)
In order to facilitate a manageable approach to its integration into the programming process, the community-led local development can be carried out under a single thematic objective, either to promote social inclusion and combat poverty, or to promote employment and labour mobility, notwithstanding that actions financed as part of community-led local development could contribute to all other thematic objectives.
(33)
Where an urban or territorial development strategy requires an integrated approach because it involves investments under more than one priority axis of one or more operational programmes, it should be possible for action supported by the Funds, that can be complemented with financial support from the EAFRD or the EMFF, to be carried out as an integrated territorial investment within an operational programme or programmes.
(34)
Financial instruments are increasingly important due to their leverage effect on the ESI Funds, their capacity to combine different forms of public and private resources to support public policy objectives, and because revolving forms of finance make such support more sustainable over the longer term.
(35)
Financial instruments supported by the ESI Funds should be used to address specific market needs in a cost effective way, in accordance with the objectives of the programmes, and should not crowd out private financing. The decision to finance support measures through financial instruments should be determined therefore on the basis of an ex ante assessment which has established evidence of market failures or sub-optimal investment situations and the estimated level and scope of public investment needs. The essential elements of the ex ante assessments should be clearly defined in this Regulation. Given the detailed nature of the ex ante assessment, provisions should be made allowing for the performance of the ex ante assessment in stages and also for reviewing and updating the ex ante assessment during implementation.
(36)
Financial instruments should be designed and implemented so as to promote substantial participation by private sector investors and financial institutions on an appropriate risk-sharing basis. To be sufficiently attractive to the private sector, it is essential that financial instruments are designed and implemented in a flexible manner. Managing authorities should therefore decide on the most appropriate forms for implementing financial instruments in order to address the specific needs of the target regions, in accordance with the objectives of the relevant programme, the results of the ex ante assessment and applicable State aid rules. Where applicable, such flexibility should also include the possibility to reuse part of the resources paid back during the eligibility period in order to provide for the preferential remuneration of private investors or public investors operating under the market economy principle. Such preferential remuneration should take into account market standards and ensure that any State aid complies with applicable Union and national law and is limited to the minimum amount necessary to compensate for the lack of private capital available, taking into account market failures or suboptimal investment situations.
(37)
In order to take account of the repayable character of support provided through financial instruments and to align with market practices, support from the ESI Funds provided to final recipients in the form of equity or quasi-equity investments, loans or guarantees, or other risk-sharing instruments should be able to cover the entirety of the investments made by final recipients, without distinction of VAT related costs. Accordingly it should only be in cases where financial instruments are combined with grants that the way in which VAT is taken into account at the level of the final recipient should be relevant for the purposes of determining eligibility of expenditure related to the grant.
(38)
It could be justified where certain parts of an investment do not generate sufficient direct financial returns, to combine financial instruments with grant support, to the extent allowed under the applicable State aid rules, in order for the projects to be economically sustainable. Specific conditions preventing double financing in such a case should be set out.
(39)
In order to ensure that resources allocated to financial instruments in favour of SMEs achieve an effective and efficient critical mass of new SME debt finance, it should be possible to use those resources in the entire territory of the Member State concerned regardless of the categories of region therein. However, it should also be possible for negotiation of the funding agreement between the Member State and the EIB to allow for a pro-rata return to a region or group of regions within the same Member State, as part of a single dedicated national programme per financial contribution by the ERDF and EAFRD.
(40)
The contributions by Member States to joint uncapped guarantee and securitisation financial instruments in favour of SMEs should be phased over the years 2014, 2015 and 2016 and the amounts to be paid by the Member States to the EIB should be scheduled accordingly in the funding agreement, in line with standard banking practice and with a view to spreading the effects on payment appropriations in any individual year.
(41)
In the case of securitisation transactions it should be ensured at programme closure that at least the amount corresponding to the Union contribution has been used for the objective of supporting SMEs, in line with the principles relating to financial instruments set out in the Financial Regulation.
(42)
Managing authorities should have the flexibility to contribute resources from programmes to financial instruments set up at Union level and managed directly or indirectly by the Commission, or to instruments set up at national, regional, transnational or cross-border level and managed by or under the responsibility of the managing authority. Managing authorities should also have the possibility of implementing financial instruments directly, through existing or newly created funds or through funds of funds.
(43)
In the interests of ensuring proportionate control arrangements and of safeguarding the added value of financial instruments, intended final recipients should not be deterred by there being an excessive administrative burden. The bodies responsible for the audits of programmes should in the first instance carry out audits at the level of managing authorities and the bodies implementing financial instruments including funds of funds. However, there may be specific circumstances where the necessary documents to complete such audits are not available at the level of the managing authorities or at the level of the bodies implementing financial instruments or where such documents do not represent a true and accurate record of support provided. In such specific cases, it is necessary to lay down certain provisions to also allow for audits at the level of final recipients.
(44)
The amount of the resources paid at any time from the ESI Funds to financial instruments should correspond to the amount necessary to implement planned investments and payments to final recipients, including management costs and fees. Accordingly, applications for interim payments should be phased. The amount to be paid as an interim payment should be subject to a maximum ceiling of 25 % of the total amount of programme contributions committed to the financial instrument under the relevant funding agreement, with subsequent interim payments conditional on a minimum percentage of the actual amounts included in previous applications having been spent as eligible expenditure.
(45)
It is necessary to lay down specific rules regarding the amounts to be accepted as eligible expenditure at closure of a programme, to ensure that the amounts, including the management costs and fees, paid from the ESI Funds to financial instruments are effectively used for investments in final recipients. The rules should be sufficiently flexible to make it possible to support equity-based instruments for the benefit of targeted enterprises and should, therefore, take into account certain characteristics specific to equity-based instruments for enterprises, such as market practices in relation to the provision of follow-on finance in the field of venture capital funds. Subject to the conditions laid down in this Regulation, targeted enterprises should be able to benefit from continued support from the ESI Funds to such instruments after the end of the eligibility period.
(46)
It is also necessary to lay down specific rules regarding the reuse of resources attributable to support from the ESI Funds until the end of the eligibility period and to lay down further rules regarding the use of resources after the end of the eligibility period.
(47)
As a general rule, support from the ESI Funds should not be used to finance investments which have already been physically completed or fully implemented at the date of the investment decision. However, in respect of infrastructure investments with the objective of supporting urban development or urban regeneration or similar infrastructure investments with the objective of diversifying non-agricultural activities in rural areas, a certain amount of support could be necessary for the re-organisation of a debt portfolio regarding infrastructure forming part of a new investment. In such cases it should be possible to use the support from the ESI Funds to reorganise a debt portfolio up to a maximum of 20 % of the total amount of programme support from the financial instrument to the investment.
(48)
Member States should monitor programmes in order to review implementation and progress towards achieving the programme's objectives. To this end, monitoring committees should be set up by the Member State, in accordance with its institutional, legal and financial framework and their composition and functions defined for the ESI Funds. Given the special nature of programmes under the European territorial cooperation goal, specific rules should be laid down for monitoring committees for those programmes. Joint monitoring committees could be set up to facilitate coordination between the ESI Funds. In order to ensure effectiveness, a monitoring committee should be able to make observations to managing authorities regarding implementation and evaluation of the programme, including actions related to the reduction of the administrative burden on beneficiaries and should monitor actions taken as a result of its observations.
(49)
Alignment of the monitoring and reporting arrangements of the ESI Funds is necessary to simplify management arrangements at all levels. It is important to ensure proportionate reporting requirements but also the availability of comprehensive information on progress made at key review points. Therefore it is necessary that reporting requirements reflect information needs in given years and are aligned with the timing of the performance review.
(50)
With a view to monitoring progress of programmes, an annual review meeting should take place between each Member State and the Commission. The Member State and the Commission should however be able to agree not to organise the meeting in years other than 2017 and 2019 in order to avoid an unnecessary administrative burden.
(51)
In order for the Commission to monitor progress made towards achieving Union objectives as well as Fund-specific missions pursuant to their Treaty-based objectives, Member States should submit progress reports on the implementation of their Partnership Agreements. On the basis of such reports, the Commission should prepare a strategic report on progress in 2017 and 2019. In order to provide for a regular strategic policy debate on the contribution of the ESI Funds to the achievement of the Union strategy on smart sustainable and inclusive growth, and to improve the quality of spending and the effectiveness of the policy in line with the European Semester, the strategic reports should be debated in the Council. On the basis of that debate the Council should be able to provide input to the assessment made at the spring meeting of the European Council on the role of all Union policies and instruments in delivering sustainable job-creating growth across the Union.
(52)
It is necessary to evaluate the effectiveness, efficiency and impact of assistance from the ESI Funds in order to improve the quality of design and implementation of programmes, and to determine the impact of programmes in relation to the targets under the Union strategy for smart, sustainable and inclusive growth and, having regard to the size of the programme, in relation to gross domestic product (GDP) and unemployment in the programme area concerned, where appropriate. The responsibilities of Member States and the Commission in this regard should be specified.
(53)
In order to improve the quality of the design of each programme, and verify whether its objectives and targets can be reached, an ex ante evaluation of each programme should be carried out.
(54)
An evaluation plan should be drawn up by the managing authority or Member State. It should be possible for that evaluation plan to cover more than one programme. During the programming period managing authorities should ensure that evaluations are carried out to assess the effectiveness, efficiency and impact of a programme. The monitoring committee and the Commission should be informed about the results of evaluations to facilitate management decisions.
(55)
Ex post evaluations should be carried out in order to assess the effectiveness and efficiency of the ESI Funds and their impact on the overall goals of the ESI Funds and the Union strategy for smart, sustainable and inclusive growth, taking account of the targets established for that Union strategy. For each of the ESI Funds, the Commission should prepare a synthesis report outlining the main conclusions of the ex-post evaluations.
(56)
The types of action that can be undertaken at the initiative of the Commission and of the Member States as technical assistance with support from the ESI Funds should be specified.
(57)
In order to ensure an effective use of Union resources, and avoid the over-financing of operations generating net revenue after completion, different methods should be used to determine the net revenue generated by such operations, including a simplified approach based on flat rates for sectors or subsectors. The flat rates should be based on historical data available to the Commission, the potential for cost recovery and the polluter-pays principle, where applicable. There should also be provision to extend flat rates to new sectors, introduce subsectors or review the rates for future operations when new data becomes available, by means of a delegated act. The use of flat rates could be particularly suitable for operations in the fields of information and communication technologies (ICT), RDI and energy efficiency. In addition, to ensure the application of the principle of proportionality and to take account of other regulatory and contractual provisions that could apply, it is necessary to set out the exemptions from those rules.
(58)
It is important to ensure a proportionate approach and avoid a duplication of the verification of financing needs in the case of operations which generate net revenue after completion which are also subject to State aid rules, given that such rules also establish limits on support which can be granted. Consequently, where there is de minimis aid, compatible State aid to SMEs with an aid intensity or an aid amount limit applied, or compatible State aid to large enterprises where an individual verification of financing needs in accordance with applicable State aid rules has been carried out, the provisions requiring the calculation of net revenue should not apply. Nevertheless, it should be open to a Member State to apply the methods for calculating net revenue where this is provided for in national rules.
(59)
Public Private Partnerships ("PPPs") can be an effective means of delivering operations which ensure the achievement of public policy objectives by bringing together different forms of public and private resources. In order to facilitate the use of ESI Funds to support operations structured as PPPs this Regulation should take account of certain characteristics specific to PPPs by adapting some of the common provisions on the ESI Funds.
(60)
The starting and closing dates for the eligibility of expenditure should be defined so as to provide for a uniform and equitable rule applying to the implementation of the ESI Funds across the Union. In order to facilitate the execution of programmes, it is appropriate to specify that the starting date for the eligibility of expenditure can be prior to 1 January 2014 if the Member State concerned submits a programme before that date. Taking into account the urgent need to mobilise the resources allocated to the YEI to support its immediate implementation, exceptionally the starting date for the eligibility of expenditure should be 1 September 2013. With a view to ensuring an effective use of ESI Funds and reducing the risk to the budget of the Union, it is necessary to put in place restrictions on support for completed operations.
(61)
In accordance with the principle of subsidiarity and subject to exceptions provided for in Regulation (EU) No 1301/2013 of the European Parliament and of the Council , the ESF Regulation, Regulation (EU) No 1300/2013 of the European Parliament and of the Council , Regulation (EU) No 1299/2013 of the European Parliament and of the Council , Regulation (EU) No 1305/2013 of the European Parliament and of the Council and in the EMFF Regulation, Member States should adopt national rules on the eligibility of expenditure.
(62)
With a view to simplifying the use of the ESI Funds and reducing the risk of error, while providing for differentiation where needed to reflect the specificities of policy, it is appropriate to define the forms of support, harmonised conditions for the reimbursement of grants and repayable assistance, flat rate financing, specific eligibility rules for grants and repayable assistance and specific conditions on the eligibility of operations depending on location.
(63)
It should be possible to provide support from the ESI Funds in the form of grants, prizes, repayable assistance or financial instruments, or a combination thereof, in order to provide the bodies responsible with a choice of the most appropriate form of support to address identified needs.
(64)
To ensure the effectiveness, fairness and sustainable impact of the intervention of the ESI Funds, provisions guaranteeing that investments in businesses and infrastructures are long-lasting and prevent the ESI Funds from being used to undue advantage should be in place. Experience has shown that a period of five years is an appropriate minimum period to be applied, except where State aid rules provide for a different period. Nevertheless, and in line with the principle of proportionality, it is possible that a more limited period of three years would be justified where the investment concerns the maintenance of investments or jobs created by SMEs. In the case of an operation comprising investment in infrastructure or productive investment, and where the beneficiary is not an SME, such an operation should repay the contribution from the ESI Funds if, within 10 years of the final payment to the beneficiary, the productive activity is subject to relocation outside the Union. It is appropriate to exclude actions supported by the ESF and those not entailing productive investment or investment in infrastructure from the general requirement of durability, unless such requirements are derived from applicable State aid rules, and to exclude contributions to or from financial instruments. Sums unduly paid should be recovered and be subject to procedures applicable to irregularities.
(65)
Member States should adopt adequate measures to guarantee the proper set up and functioning of their management and control systems to give assurance on the legal and regular use of the ESI Funds. The obligations of Member States as regards the management and control systems of programmes, and in relation to the prevention, detection and correction of irregularities and infringements of Union law should therefore be specified.
(66)
In accordance with the principles of shared management, Member States and the Commission should be responsible for the management and control of programmes. Member States should have the primary responsibility, through their management and control systems, for the implementation and control of the operations in programmes. In order to strengthen the effectiveness of the control over the selection and implementation of operations and the functioning of the management and control system, the functions of the managing authority should be specified.
(67)
Member States should fulfil the management, control and audit obligations and assume the responsibilities as laid down in the rules on shared management set out in this Regulation, the Financial Regulation and in the Fund-specific rules. Member States should ensure that, in accordance with the conditions set out in this Regulation, effective arrangements for the examination of complaints in relation to the ESI Funds are in place. In accordance with the principle of subsidiarity, Member States should, upon request of the Commission, examine complaints submitted to the Commission falling within the scope of their arrangements and should inform the Commission of the results of examinations upon request.
(68)
The powers and responsibilities of the Commission with regard to verifying the effective functioning of the management and control systems, and to require Member State action, should be laid down. The Commission should also have the power to carry out on-the-spot audits and checks focused on issues relating to sound financial management in order to be able to draw conclusions concerning the performance of the ESI Funds.
(69)
Budget commitments of the Union should be effected annually. In order to ensure effective programme management, it is necessary to lay down common rules for pre-financing, interim requests for payment and the final balance, without prejudice to specific rules that are required for each of the ESI Funds.
(70)
The pre-financing payment at the start of programmes ensures that a Member State has the means to provide support to beneficiaries from the start of the implementation of the programme, so that those beneficiaries receive advances where necessary to make the planned investments and are reimbursed quickly following the submission of payment claims. Therefore, provisions should be made for initial pre-financing amounts from the ESI Funds. Initial pre-financing should be totally cleared at closure of the programme.
(71)
In order to safeguard the Union's financial interests, measures should be provided for that are limited in time and that allow the authorising officer by delegation to interrupt payments where there is clear evidence to suggest a significant deficiency in the functioning of the management and control system, evidence of irregularities linked to a request for payment, or a failure to submit documents for the purpose of examination and acceptance of accounts. The duration of the interruption period should be for a period of up to six months, with a possible extension of that period up to nine months with the agreement of the Member State, to allow sufficient time to resolve the causes of the interruption thereby avoiding the application of suspensions.
(72)
In order to safeguard the budget of the Union, it is possible that it would be necessary for the Commission to make financial corrections. To ensure legal certainty for the Member States, it is important to define the circumstances under which breaches of applicable Union law, or national law related to its application, can lead to financial corrections by the Commission. In order to ensure that any financial corrections which the Commission imposes on Member States are related to the protection of the Union's financial interests, such corrections should be confined to cases where the breach of applicable Union law or national law related to applying relevant Union law concerns the eligibility, regularity, management or control of operations and the corresponding expenditure declared to the Commission. To ensure proportionality it is important that the Commission consider the nature and the gravity of the breach and the related financial implications for the budget of the Union when deciding on a financial correction.
(73)
In order to encourage financial discipline, it is appropriate to define the arrangements for decommitment of any part of the budgetary commitment in a programme, in particular where an amount can be excluded from decommitment, in particular where delays in implementation result from circumstances which are independent of the party concerned, abnormal or unforeseeable and the consequences of which cannot be avoided despite the diligence shown, as well as in a situation in which a request for payment has been made but for which the payment deadline has been interrupted or the payment suspended.
(74)
The decommitment procedure is also a necessary part of the mechanism for the allocation of the performance reserve and in such cases it should be possible to reconstitute the appropriations for their subsequent commitment to other programmes and priorities. In addition, in the implementation of certain specific financial instruments in favour of SMEs where decommitments result from the discontinuance of participation by a Member State in such financial instruments, the subsequent reconstitution of the appropriations for commitment in other programmes should be provided for. Given that the introduction of additional provisions in the Financial Regulation will be necessary in order to allow for such reconstitution of appropriations, such procedures should only apply with effect from the date of entry into force of the corresponding amendment to the Financial Regulation.
(75)
Additional general provisions are necessary in relation to the specific functioning of the Funds. In particular, in order to increase their added value, and to enhance their contribution to the priorities of the Union strategy for smart, sustainable and inclusive growth and the Fund-specific missions pursuant to their Treaty-based objectives, the functioning of the Funds should be simplified and concentrated on the Investment for growth and jobs goal and European territorial cooperation goal.
(76)
Additional provisions for the specific functioning of the EAFRD and the EMFF are set out in the relevant sector-specific legislation.
(77)
In order to promote the TFEU objectives of economic, social and territorial cohesion, the Investment for growth and jobs goal should support all regions. To provide balanced and gradual support and reflect the level of economic and social development, resources under that goal should be allocated from the ERDF and the ESF among the less developed regions, the transition regions and the more developed regions according to their GDP per capita in relation to the EU-27 average. In order to ensure the long-term sustainability of investment from the Structural Funds, to consolidate the development achieved and to encourage the economic growth and social cohesion of the Union's regions, regions whose GDP per capita for the 2007-2013 programming period was less than 75 % of the average of the EU-25 for the reference period but whose GDP per capita has grown to more than 75 % of the EU-27 average should receive at least 60 % of their indicative average annual 2007-2013 allocation. The total allocation from the ERDF, the ESF and the Cohesion Fund for a Member State should be at least 55 % of its individual 2007-2013 total allocation. Member States whose per capita gross national income (GNI) is less than 90 % of that of the Union average should benefit under the Investment for growth and jobs goal from the Cohesion Fund.
(78)
Objective criteria should be fixed for designating eligible regions and areas for support from the Funds. To this end, the identification of the regions and areas at Union level should be based on the common system of classification of the regions established by Regulation (EC) No 1059/2003 of the European Parliament and the Council , amended by Commission Regulation (EC) No 105/2007 .
(79)
In order to set out an appropriate financial framework for the Funds, the Commission should establish, by means of implementing acts, the annual breakdown of available commitment appropriations using an objective and transparent method with a view to targeting the regions whose development is lagging behind, including those receiving transitional support. In order to take account of the particularly difficult situation of Member States suffering from the crisis, and in accordance with Council Regulation (EU, Euratom) No 1311/2013 , the Commission should review the total allocations of all Member States in 2016 on the basis of the then available most recent statistics and, where there is a cumulative divergence of more than +/- 5 %, adjust those allocations. The required adjustment should be spread in equal proportions over the years 2017-2020.
(80)
In order to encourage the necessary acceleration of development of infrastructure in transport and energy as well as ICT across the Union, a Connecting Europe Facility (CEF) is created, in accordance with Regulation (EU) 1316/2013 of the European Parliament and of the Council . Support should be provided from the Cohesion Fund to projects implementing core networks or for projects and horizontal activities identified in Part I of the Annex to that Regulation.
(81)
The allocation of the annual appropriations from the Funds to a Member State should be limited to a ceiling that would be fixed taking into account the GDP of that particular Member State.
(82)
It is necessary to fix the limits of resources for the Investment for growth and jobs goal and to adopt objective criteria for their allocation to regions and Member States. Member States should concentrate support to ensure sufficient investment is targeted at youth employment, labour mobility, knowledge, social inclusion and combating poverty, thus ensuring that the share of the ESF as a percentage of total combined resources for the Structural Funds and the Cohesion Fund at Union level, excluding the support from the Cohesion Fund for transport infrastructure under the CEF and support from the Structural Funds for aid for the most deprived, in Member States is not less than 23,1 %.
(83)
Given the urgent priority of addressing youth unemployment in the Union's most affected regions, as well as in the Union as a whole, a YEI is created and funded from a specific allocation and from targeted investment from the ESF to add to and reinforce the considerable support already provided through the ESI Funds. The YEI should aim to support young people, in particular those not in employment, education or training residing in the eligible regions. The YEI should be implemented as a part of the Investment for growth and jobs goal.
(84)
In addition, in line with the headline target on poverty reduction, it is necessary to reorient the Fund for European Aid for the Most Deprived to promote social inclusion. A mechanism should be envisaged which transfers resources to this instrument from the Structural Funds' allocations of each Member State.
(85)
Taking into account the present economic circumstances, the maximum level of transfer (capping) from the Funds to each individual Member State should not result in allocations per Member State higher than 110 % of their level in real terms for the 2007–2013 programming period.
(86)
With a view to ensuring an appropriate allocation to each category of regions, resources from the Funds should not be transferred between less developed, transition and more developed regions except in duly justified circumstances linked to the delivery of one or more thematic objectives. Such transfers should involve no more than 3 % of the total appropriation for that category of region.
(87)
In order to ensure a genuine economic impact, support from the Funds should not replace public or equivalent structural expenditure by Member States under the terms of this Regulation. In addition, so that the support from the Funds takes into account a broader economic context, the level of public expenditure should be determined with reference to the general macroeconomic conditions in which the financing takes place based on the indicators provided in the stability and convergence programmes submitted annually by Member States in accordance with Council Regulation (EC) No 1466/1997 . Verification by the Commission of the principle of additionality should concentrate on the Member States in which less developed regions cover at least 15 % of the population because of the scale of the financial resources allocated to them.
(88)
It is necessary to lay down additional provisions concerning the programming, management, monitoring and control of operational programmes supported by the Funds in order to strengthen the focus on results. In particular, it is necessary to set out detailed requirements for the content of the operational programmes. This should facilitate the presentation of a consistent intervention logic to tackle the development needs identified, to set out the framework for performance assessment and to underpin the effective and efficient implementation of the Funds. As a general principle a priority axis should cover one thematic objective, one Fund and one category of region. Where appropriate and in order to increase the effectiveness in a thematically coherent integrated approach, it should be possible for a priority axis to relate to more than one category of region and combine one or more complementary investment priorities from the ERDF, ESF and the Cohesion Fund under one or more thematic objectives.
(89)
In circumstances where a Member State prepares a maximum of one operational programme for each Fund, so that both the programmes and the Partnership Agreement are prepared at national level, specific arrangements should be set out to ensure the complementarity of such documents.
(90)
In order to reconcile the need for concise operational programmes setting out clear commitments by the Member States and the need to allow for flexibility for adjustment to changing circumstances, a distinction should be made between the essential elements of the operational programme which are subject to a Commission decision and other elements which are not subject to a Commission decision and can be amended by a Member State. Consequently provision should be made for procedures that allow for the amendment of those non-essential elements at national level without a decision by the Commission.
(91)
With a view to improving complementarities and simplifying implementation, it should be possible to combine support from the Cohesion Fund and the ERDF with support from the ESF in joint operational programmes under the Investment for growth and jobs goal.
(92)
Major projects represent a substantial share of Union spending and are frequently of strategic importance with respect to the achievement of the Union strategy for smart, sustainable and inclusive growth. Therefore it is justified that operations above certain thresholds continue to be subject to specific approval procedures under this Regulation. The threshold should be established in relation to total eligible cost after taking account of expected net revenues with a higher threshold for transport projects due to the typically larger size of investments in that sector. To ensure clarity, it is appropriate to define the content of a major project application for this purpose. The application should contain the necessary information to provide assurance that the financial contribution from the Funds does not result in a substantial loss of jobs in existing locations within the Union.
(93)
In order to promote the preparation and implementation of major projects on a sound, economic and technical basis and to encourage the use of expert advice at an early stage, where independent experts supported by technical assistance of the Commission or, in agreement with the Commission, other independent experts, are able to provide clear statements on a major project's feasibility and economic viability, the Commission approval procedure should be streamlined. The Commission should be able to refuse approval of the financial contribution only where it establishes a significant weakness in the independent quality review.
(94)
In cases where an independent quality review of a major project has not been undertaken, the Member State should submit all required information and the Commission should appraise the major project to determine whether the requested financial contribution is justified.
(95)
For the sake of continuity of implementation, in order to avoid an unnecessary administrative burden as well as for the purposes of alignment with the Commission Decision on guidelines on closure of the 2007-2013 programming period, phasing provisions are established for major projects approved under Council Regulation (EC) No 1083/2006 whose implementation period is expected to extend over the programming period covered by this Regulation. Subject to certain conditions, there should be a fast track procedure for the notification and approval of a second or subsequent phase of a major project for which the preceding phase or phases were approved by the Commission under the 2007-2013 programming period. Each individual phase of the phased operation, which serves the same overall objective, should be implemented in accordance with the rules of the relevant programming period.
(96)
In order to give Member States the option of implementing part of an operational programme using a result-based approach, it is useful to provide for a joint action plan comprising a project or group of projects to be carried out by a beneficiary to contribute to the objectives of the operational programme. In order to simplify and reinforce the result orientation of the Funds, the management of the joint action plan should be exclusively based on jointly agreed milestones, outputs and results as defined in the Commission decision adopting the joint action plan. Control and audit of a joint action plan should also be limited to whether it achieves its milestones, outputs and results. Consequently, it is necessary to lay down rules on its preparation, content, adoption, financial management and control of joint action plans.
(97)
It is necessary to adopt specific rules in relation to the functions of the monitoring committee and the annual reports on implementation of operational programmes supported by the Funds. Additional provisions for the specific functioning of the EAFRD are set out in the relevant sector specific legislation.
(98)
To ensure the availability of essential and up to date information on programme implementation, it is necessary that Member States provide the Commission with the key data on a regular basis. In order to avoid an additional burden on Member States, this should be limited to data collected continuously, and the transmission should be performed by way of electronic data exchange.
(99)
In order to reinforce the monitoring of the progress with regard to the implementation of the Funds and to facilitate financial management, it is necessary to ensure the availability of basic financial data on the progress of implementation in a timely manner.
(100)
In accordance with Article 175 TFEU, the Commission is to submit Cohesion Reports to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions every three years on the progress made towards achieving the Union's economic, social and territorial cohesion. It is necessary to lay down provisions concerning the content of this report.
(101)
It is important to bring the achievements of the Funds to the attention of the general public and to raise awareness of the objectives of cohesion policy. Citizens should have the right to know how the Union's financial resources are invested. The responsibility to ensure that the appropriate information is communicated to the public should lie with both the managing authorities and the beneficiaries as well as with Union institutions and advisory bodies. To ensure more efficiency in communication to the public at large and stronger synergies between the communication activities undertaken at the initiative of the Commission, the resources allocated to communication actions under this Regulation should also contribute to covering the corporate communication of the political priorities of the Union in so far as they are related to the general objectives of this Regulation.
(102)
With a view to strengthening accessibility and transparency of information about funding opportunities and project beneficiaries, in each Member State a single website or website portal providing information on all the operational programmes, including the lists of operations supported under each operational programme, should be made available.
(103)
For the purpose of ensuring wide dissemination of information about the achievements of the Funds and the role of the Union therein and to inform potential beneficiaries about funding opportunities, detailed rules taking account of the size of the operational programmes in accordance with the principle of proportionality about information and communication measures, as well as certain technical characteristics of such measures, should be defined in this Regulation.
(104)
In order to ensure that the allocation for each Fund is concentrated on the Union strategy for smart, sustainable and inclusive growth and the Fund-specific missions pursuant to their Treaty-based objectives, it is necessary to establish ceilings for the allocation to technical assistance of the Member State. It is also necessary to ensure that the legal framework for the programming of technical assistance facilitates the creation of streamlined delivery arrangements in a context where Member States implement multiple Funds in parallel and it should be possible for that framework to comprise several categories of regions.
(105)
It is necessary to determine the elements for modulating the co-financing rate from the Funds to priority axes, in particular, to increase the multiplier effect of Union resources. It is also necessary to establish the maximum rates of co-financing by category of region in order to ensure that the principle of co-financing is respected through an appropriate level of public or private national support.
(106)
It is necessary for Member States to designate a managing authority, a certifying authority and a functionally independent auditing authority for each operational programme. To provide flexibility for Member States in setting up control systems, it is appropriate to provide for the option for the functions of the certifying authority to be carried out by the managing authority. Member States should also be allowed to designate intermediate bodies to carry out certain tasks of the managing authority or the certifying authority. Member States should in that case lay down clearly their respective responsibilities and functions.
(107)
In order to take account of the specific organisation of the management and control systems for the Funds and the EMFF and the need to ensure a proportionate approach, specific provisions should be laid down in relation to the designation of the managing authority and the certifying authority. In order to avoid an unnecessary administrative burden, the ex ante verification of compliance with the designation criteria indicated in this Regulation should be limited to the managing and certifying authority, and, in accordance with the conditions laid down in this Regulation, no additional audit work should be required when the system is essentially the same as in the 2007-2013 programming period. There should be no requirement to approve the designation by the Commission. However, in order to increase legal certainty, Member States should have the option to submit the documents concerning the designation to the Commission subject to certain conditions laid down in this Regulation. The monitoring of compliance with the designation criteria carried out on the basis of audit and control arrangements should, where results show non-compliance with the criteria, give rise to remedial actions, and possibly to the ending of the designation.
(108)
The managing authority bears the main responsibility for the effective and efficient implementation of the Funds and the EMFF and thus fulfils a substantial number of functions related to programme management and monitoring, financial management and controls as well as project selection. Accordingly, the managing authority's responsibilities and functions should be set out.
(109)
The certifying authority should draw up and submit to the Commission payment applications. It should draw up the accounts, certifying their completeness, accuracy and veracity and that the expenditure entered in them complies with applicable Union and national rules. The certifying authority's responsibilities and functions should be set out.
(110)
The audit authority should ensure that audits are carried out on the management and control systems, on an appropriate sample of operations and on the accounts. The audit authority's responsibilities and functions should be set out. Audits of declared expenditure should be carried out on a representative sample of operations in order to enable the results to be extrapolated. As a general rule, a statistical sampling method should be used in order to provide a reliable representative sample. Nevertheless, audit authorities should be able to use in duly justified circumstances a non-statistical sampling method provided that the conditions laid down in this Regulation are complied with.
(111)
Without prejudice to the Commission's powers as regards financial control, cooperation between the Member States and the Commission in this field should be increased and criteria should be established which allow the Commission to determine, in the context of its strategy of control of national systems, the level of assurance it should obtain from national audit bodies.
(112)
In addition to common rules on financial management for the ESI Funds, additional provisions for the Funds and the EMFF should be laid down. In particular, with a view to ensuring reasonable assurance for the Commission prior to the acceptance of accounts, applications for interim payments should be reimbursed, at a rate of 90 % of the amount resulting from applying the co-financing rate for each priority, laid down in the decision adopting the operational programme, to the eligible expenditure for the priority. The outstanding amounts due should be paid to the Member States upon acceptance of accounts, provided that the Commission is able to conclude that the accounts are complete, accurate and true.
(113)
Beneficiaries should receive the support in full no later than 90 days from the date of submission of the payment claim by the beneficiary, subject to the availability of funding from initial and annual pre-financing and interim payments. The managing authority should be able to interrupt the deadline where supporting documents are incomplete or there is evidence of irregularity requiring further investigation. Initial and annual pre-financing should be provided for to ensure that Member States have sufficient means to implement programmes under such arrangements. Annual pre-financing should be cleared each year with the acceptance of accounts.
(114)
To reduce the risk of irregular expenditure being declared, it should be possible for a certifying authority, without any need for additional justification, to include the amounts which require further verification in an interim payment application after the accounting year in which they were entered into its accounting system.
(115)
To ensure the appropriate application of the general rules on decommitment, the rules established for the Funds and the EMFF should detail how the deadlines for decommitment are established.
(116)
In order to apply the requirements of the Financial Regulation to the financial management of the Funds and the EMFF, it is necessary to set out procedures for the preparation, examination and acceptance of accounts which should ensure a clear basis and legal certainty for these arrangements. In addition, in order to allow a Member State properly to fulfil its responsibilities, it should be possible for the Member State to exclude amounts which are the subject of an ongoing assessment of legality and regularity.
(117)
In order to reduce the administrative burden on beneficiaries, specific time limits should be set out during which the managing authorities are obliged to ensure the availability of documents for operations following submission of expenditure or completion of an operation. In accordance with the principle of proportionality, the period for keeping the documents should be differentiated depending on the total eligible expenditure of an operation.
(118)
As accounts are verified and accepted every year, a significant simplification of the closure procedure should be introduced. The final closure of the programme should therefore be based only on the documents relating to the final accounting year and the final implementation report or the last annual implementation report, without any need to provide any additional documents.
(119)
In order to safeguard the Union's financial interests and provide the means to ensure effective programme implementation, provisions should be laid down allowing for the suspension by the Commission of payments at the level of priorities or operational programmes.
(120)
In order to provide legal certainty for Member States, it is appropriate to lay down the specific arrangements and procedures for financial corrections by Member States and by the Commission in respect of the Funds and the EMFF respecting the principle of proportionality.
(121)
It is necessary to establish a legal framework which provides robust management and control systems at national and regional level and an appropriate division of roles and responsibilities in the context of shared management. The role of the Commission should therefore be specified and clarified and proportionate rules set out for the application of financial corrections by the Commission.
(122)
The frequency of audits on operations should be proportionate to the extent of the Union's support from the Funds and the EMFF. In particular, the number of audits carried out should be reduced where the total eligible expenditure for an operation does not exceed EUR 200 000 for the ERDF and the Cohesion Fund, and EUR 150 000 for the ESF, and EUR 100 000 for the EMFF. Nevertheless, it should be possible to carry out audits at any time where there is evidence of an irregularity or fraud, or, following closure of a completed operation, as part of an audit sample. The Commission should be able to review the audit trail of the audit authority or take part in on-the-spot audits of the audit authority. Where the Commission does not obtain the necessary assurance as to the effective functioning of the audit authority by those means, the Commission should be able to carry out a re-performance of the audit activity where this is in accordance with internationally accepted audit standards. In order that the level of auditing by the Commission is proportionate to the risk, the Commission should be able to reduce its audit work in relation to operational programmes where there are no significant deficiencies or where the audit authority can be relied on. In order to reduce the administrative burden on beneficiaries, specific rules should be introduced to reduce the risk of overlap between audits of the same operations by various institutions, namely the European Court of Auditors, the Commission and the audit authority.
(123)

In order to supplement and amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of a European code of conduct on partnership, supplements and amendments of Sections 4 and 7 of the CSF, criteria for determining the level of financial correction to be applied, specific rules on the purchase of land and combination of technical support with financial instruments, the role, liabilities and responsibility of bodies implementing financial instruments, the management and control of financial instruments, the withdrawal of payments to financial instruments and the consequent adjustments in respect of applications for payments, the establishment of a system of capitalisation of annual instalments for financial instruments, the specific rules setting out the criteria for determining management costs and fees on the basis of performance and the applicable thresholds as well as rules for the reimbursement of capitalised management costs and fees for equity-based instruments and micro-credit, the adjustment of the flat rate for net revenue generating operations in specific sectors, as well as the establishment of a flat rate for certain sectors or subsectors within the fields of ICT, research,
development and innovation and energy efficiency and adding sectors or subsectors, the methodology for the calculation of the discounted net revenue for net revenue-generating operations, additional rules on the replacement of a beneficiary under PPP operations, minimum requirements to be included in PPP agreements which are necessary for the application of a derogation concerning eligibility of expenditure, the definition of the flat rate applied to indirect costs for grants based on existing methods and corresponding rates applicable in Union policies, the methodology to be used in carrying out the quality review of a major project, the criteria for determining the cases of irregularity to be reported, the data to be provided and the conditions and procedures to be applied to determine whether amounts which are irrecoverable shall be reimbursed by the responsibilities of Member States, the data to be recorded and stored in computerised form within monitoring systems established by managing authorities, the minimum requirements for audit trails, the scope and content of audits and the methodology for sampling, the use of data collected during audits, and the criteria for determining serious deficiencies in the effective functioning of management and control systems, for establishing the level of financial correction to be applied and for applying flat rates or extrapolated financial corrections. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
(124)

The Commission should be empowered to adopt, by means of implementing acts, as regards all the ESI Funds, decisions approving the elements of Partnership Agreements and their amendments, decisions approving elements of the revised Partnership Agreement, decisions on the programmes and priorities which have achieved their milestones and can benefit from the allocation of the performance reserve, decisions on the amendment of programmes as consequence of corrective actions concerning the transfer of financial allocations to other programmes, decisions on annual plans of actions to be financed from technical assistance at the initiative of the Commission, and, in the case of decommitment, decisions to amend decisions adopting programmes; and as regards the ERDF, the ESF and the Cohesion Fund, decisions identifying the regions and Member States fulfilling the Investment for growth and jobs criteria, decisions setting out the annual breakdown of commitment appropriations to the Member States, decisions setting out the amount to be transferred from each Member State's Cohesion Fund allocation to the CEF, decisions setting out the amount to be transferred from each Member State's Structural Funds allocation to aid for the most deprived, decisions accepting transfers of parts of appropriations for the European territorial cooperation goal to the Investment for growth and jobs goal, decisions whether or not to carry out a financial correction in the case of
non-compliance with additionality, decisions adopting and amending operational programmes, decisions refusing the financial contribution to a major project, decisions on the approval of a financial contribution to a selected major project and the extension of the period for the realisation of the condition related to the approval of major projects and decisions on joint action plans; and as regards the ERDF, the ESF, the Cohesion Fund and the EMFF, decisions on non-acceptance of the accounts and the amount chargeable if the accounts were not accepted, decisions suspending interim payments and decisions on financial corrections.
(125)
In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in respect of the model to be used when submitting the progress report, the model of operational programme for the Funds, methodology to be used in carrying out the cost-benefit analysis on major projects, the format for information on major projects, the model for the joint action plan, the model of the annual and final implementation reports, the frequency of the reporting of irregularities and the reporting format to be used, the model for the management declaration, and the models for the audit strategy, opinion and annual control report. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council .
(126)

In order to ensure the necessary input and better involvement of Member States when the Commission exercises its implementing powers with regard to this Regulation in certain particularly sensitive policy areas relating to the ESI Funds and in order to strengthen the Member States' role in adopting uniform conditions in such areas or other executive measures with substantial implications or with a potentially significant impact on either the national economy, the national budget or on the proper functioning of the public administration of the Member States, the implementing acts relating to the methodology for providing information on the support for climate change objectives, the detailed arrangements to ensure a consistent approach for determining in the performance framework the milestones and targets for each priority and for assessing the achievement of the milestones and targets, standard terms and conditions for monitoring of financial instruments, the detailed arrangements for the transfer and management of programme contributions managed by the bodies implementing financial instruments, a model of the funding agreement concerning the joint uncapped guarantee and securitisation financial instruments in favour of SMEs, the models to be used when submitting additional information concerning financial instruments with the applications for payments to the Commission and when reporting on financial instruments to the Commission, the terms and conditions for the electronic data exchange system for management and control, the nomenclature, based on which the categories of intervention are to be defined concerning
the priority axis in operational programmes, the format for notification of the selected major project, the technical characteristics of information and communication measures for the operation and instructions for creating the emblem and the definition of its standard colours, the model to be used when submitting financial data to the Commission for monitoring purposes, detailed rules on the exchange of information between beneficiaries and managing authorities, certifying authorities, audit authorities and intermediate bodies, the model for the report and the opinion of the independent audit body and the description of the functions and procedures in place for the managing authorities and, where appropriate, of the certifying authorities, the technical specifications of the management and control system, the model for payment applications and the model for the accounts should be adopted in accordance with the examination procedure as established in Article 5 of Regulation (EU) No 182/2011.
(127)
For certain implementing acts to be adopted in accordance with the examination procedure laid down in Article 5 of Regulation (EU) No 182/2011 the potential impact and implications are of such high significance to Member States that an exception from the general rule is justified. Accordingly, where no opinion is delivered by the committee, the Commission should not adopt the draft implementing act. Those implementing acts relate to setting out the methodology for providing information on the support for climate change objectives; determining the methodology for milestones and targets with regard to the performance framework; establishing the standard terms and conditions in relation to financial instruments; laying down the detailed arrangements for the transfer and management of programme contributions with regard to certain financial instruments; adopting a model of the funding agreement concerning the joint uncapped guarantee and securitisation financial instruments in favour of SMEs; establishing the model to be used when reporting on financial instruments to the Commission; determining the nomenclature, based on which the categories of intervention can be defined concerning the priority axis in operational programmes; concerning the technical characteristics of information and communication measures for the operation and instructions for creating the emblem and a definition of the standard colours; laying down the technical specifications of recording and data-storing in relation to the management and control system. The third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 should therefore apply to those implementing acts.
(128)
Since this Regulation replaces Regulation (EC) No 1083/2006, that Regulation should therefore be repealed. Nevertheless, this Regulation should not affect either the continuation or modification of assistance approved by the Commission on the basis of Regulation (EC) No 1083/2006 or any other legislation applying to that assistance on 31 December 2013. Applications made or approved under Regulation (EC) No 1083/2006 should therefore remain valid. Special transitional rules should be also laid down by way of derogation from point (b) of Article 59(1) of Regulation (EC) No 1083/2006 as to when a managing authority can carry out the functions of the certifying authority for operational programmes, implemented under the previous legislative framework, for the purposes of the Commission assessment in accordance with Article 73(3) of the Regulation (EC) No 1083/2006 when applying Article 123(5) of this Regulation and concerning the approval procedure of major projects under point (a) of Article 102(1) of this Regulation.
(129)
Since the objective of this Regulation, namely to strengthen economic, social and territorial cohesion cannot be sufficiently achieved by the Member States by reason of the extent of the disparities between the levels of development of the various regions and the backwardness of the least favoured regions and the limit on the financial resources of the Member States and regions, but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
(130)
In order to allow for the prompt application of the measures provided for in this Regulation, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union,
HAVE ADOPTED THIS REGULATION:
PART ONE

SUBJECT-MATTER AND DEFINITIONS

Subject-matter
Article 1
This Regulation lays down the common rules applicable to support for rural development. It also lays down the provisions necessary to ensure the effectiveness of the support and co-ordination with other
assimilated direct
legislation. The common rules that apply are set out in Part Two.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part Four lays down general rules applicable to the Funds and the EMFF on management and control, financial management, accounts and financial corrections.
The rules set out in this Regulation shall apply without prejudice to the provisions laid down in Regulation (EU) No 1306/2013 of the European Parliament and of the Council
and to the specific provisions laid down in the following Regulations (the 'Fund-specific Regulations') in accordance with the fifth paragraph of this Article:
............
5. Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (‘Regulation (EU) No 1305/2013’)
6. a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the programming period 2014 - 2020 (the 'EMFF Regulation").
Part Two of this Regulation applies to support for rural development except when it explicitly allows for derogations. The Fund-specific Regulations may establish complementary rules to Part Two of this Regulation. The complementary rules in the Fund-specific Regulations must be read consistently with Part Two of this Regulation. In case of doubt about the application between provisions, Part Two of this Regulation prevails over the Fund-specific Regulations.

Definitions
Article 2
For the purposes of this Regulation, the following definitions apply;
...
2. 'a strategic policy framework' means a document or a set of documents established at national or regional level, which sets out a limited number of coherent priorities established on the basis of evidence and a timeframe for the implementation of those priorities and which may include a monitoring mechanism;
3. 'smart specialisation strategy' means the national or regional innovation strategies which set priorities in order to build competitive advantage by developing and matching research and innovation own strengths to business needs in order to address emerging opportunities and market developments in a coherent manner, while avoiding duplication and fragmentation of efforts; a smart specialisation strategy may take the form of, or be included in, a national or regional research and innovation (R&I) strategic policy framework;
4. “
Fund-specific rules
” means the provisions laid down in, or established on the basis of, Regulation (EU) No 1305/2013
;
5. “
programming
” means the process of organisation, decision-making and allocation of financial resources in several stages, with the involvement of partners in accordance with Article 5, intended to implement, on a multi-annual basis, action by the relevant authority;
6. “
programme
” means a ‘rural development programme’ as referred to in Regulation (EU) No 1305/2013;
7. 'programme area' means a geographical area covered by a specific programme or, in the case of a programme covering more than one category of region, the geographical area corresponding to each separate category of region;
8. “priority”, in Part Two of this Regulation, means a priority for rural development referred to in Regulation (EU) No 1305/2013;
9. 'operation' means a project, contract, action or group of projects selected by the managing authorities of the programmes concerned, or under their responsibility, that contributes to the objectives of a priority or priorities; in the context of financial instruments, an operation is constituted by the financial contributions from a programme to financial instruments and the subsequent financial support provided by those financial instruments;
10. 'beneficiary' means a public or private body or a natural person, responsible for initiating or both initiating and implementing operations, and:
  1. in the context of State aid, the body which receives the aid, except where the aid per undertaking is less than
EUR 200 000
GBP 166,667
, in which case the
relevant authority
concerned may decide that the beneficiary is the body granting the aid, without prejudice to Commission Regulations (EU) No 1407/2013
, (EU) No 1408/2013
and (EU) No 717/2014
; and
  2. in the context of financial instruments under Title IV of Part Two of this Regulation, the body that implements the financial instrument or the fund of funds as appropriate;
11. 'financial instruments' means financial instruments as defined in the Financial Regulation, save where otherwise provided in this Regulation;
12. 'final recipient' means a legal or natural person receiving financial support from a financial instrument;
13. 'State aid' means aid falling under Article 107(1) TFEU which shall be deemed for the purposes of this Regulation also to include de minimis aid within the meaning of Commission Regulation (EC) No 1998/2006
, Commission Regulation (EC) No 1535/2007
and Commission Regulation (EC) No 875/2007
;
14. 'completed operation' means an operation that has been physically completed or fully implemented and in respect of which all related payments have been made by beneficiaries and the corresponding public contribution has been paid to the beneficiaries;
15. “
public expenditure
” means any public contribution to the financing or operations the source of which is the budget of national, regional or local public authorities, the budget of the Union related to the European Agricultural Fund for Rural Development, the budget of public law bodies or the budget of associations of public authorities or of public law bodies;
16. “
public law body
” means any body governed by public law within the criteria in paragraphs (a) to (c) of point 9 of Article 1 of Directive 2004/18/EC of the European Parliament and of the Council
17. 'document' means a paper or an electronic medium bearing information of relevance in the context of this Regulation;
18. 'intermediate body' means any public or private body which acts under the responsibility of a managing or certifying authority, or which carries out duties on behalf of such an authority, in relation to beneficiaries implementing operations;
19. 'community-led local development strategy' means a coherent set of operations the purpose of which is to meet local objectives and needs,
... and which is designed and implemented by a local action group;
...
21. 'category of regions' means the categorisation of regions as 'less developed regions', 'transition regions' or 'more developed regions' in accordance with Article 90(2)
as it had effect immediately before IP completion day
;
......
24. 'Public private partnerships' (PPPs) means forms of cooperation between public bodies and the private sector, which aim to improve the delivery of investments in infrastructure projects or other types of operations, delivering public services through risk sharing, pooling of private sector expertise or additional sources of capital;
25. 'PPP operation' means an operation which is implemented or intended to be implemented under a public-private-partnership structure;
26. 'escrow account' means a bank account covered by a written agreement between a managing authority or an intermediate body and the body implementing a financial instrument, or, in the case of a PPP operation, a written agreement between a public body beneficiary and the private partner approved by the managing authority or an intermediate body, set up specifically to hold funds to be paid out after the eligibility period in the case of a financial instrument, or during the eligibility period and/or after the eligibility period in the case of a PPP operation, exclusively for the purposes provided for in point (c) of Article 42(1), Article 42(2), Article 42(3) and Article 64, or a bank account set up on terms providing equivalent guarantees on the payments out of the funds;
27. 'fund of funds' means a fund set up with the objective of contributing support from a programme or programmes to several financial instruments. Where financial instruments are implemented through a fund of funds, the body implementing the fund of funds shall be considered to be the only beneficiary within the meaning of point 10 of this Article;
28. 'SME' means a micro, small or medium sized enterprise as defined in Commission Recommendation 2003/361/EC
as it had effect immediately before IP completion day
;
29. 'accounting year', means, for the purposes of
... Part Four, the period from 1 July to 30 June, except for the first accounting year of the programming period, in respect of which it means the period from the start date for eligibility of expenditure until 30 June 2015. The final accounting year shall be from 1 July 2023 to 30 June 2024;
30. 'financial year', means, for the purposes of
... Part Four, the period from 1 January to 31 December;
......
33. 'applicable ex ante conditionality' means a concrete and precisely pre-defined critical factor, which is a prerequisite for and has a direct and genuine link to, and direct impact on, the effective and efficient achievement of a specific objective for an investment priority or a
priority for rural development
;
34. 'specific objective' means the result to which an investment priority or
priority for rural development
contributes in a specific national or regional context through actions or measures undertaken within such a priority;
...
36. ”irregularity” means any breach of the law as it applies in the constituent nation resulting from an act or omission by an economic operator involved in the implementation of support for rural development, which has, or would have, the effect of charging an unjustified item of expenditure to a programme budget;
37. ”economic operator” means any natural or legal person or other entity taking part in the implementation of support for rural development, with the exception of a relevant authority exercising its prerogatives as a public authority;
38. 'systemic irregularity' means any irregularity, which may be of a recurring nature, with a high probability of occurrence in similar types of operations, which results from a serious deficiency in the effective functioning of a management and control system, including a failure to establish appropriate procedures in accordance with this Regulation and the Fund-specific rules;
39. 'serious deficiency in the effective functioning of a management and control system' means, for the purposes of implementation of the Funds and the EMFF under Part Four, a deficiency for which substantial improvements in the system are required, which exposes the Funds and the EMFF to a significant risk of irregularities, and the existence of which is incompatible with an unqualified audit opinion on the functioning of the management and control system;
40. ‘Financial Regulation’ means Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union as it had effect immediately before IP completion day;
41. “
CMO support
” means financial support granted under Regulation (EU) No 1308/2013 or any of the delegated or implementing acts adopted on the basis of that regulation or of Commission Regulation (EU) No 1234/2007;
42. “
direct payment support
” means financial support granted under any of the support schemes listed in Annex I to Regulation (EU) No 1307/2013;
43. “
constituent nation
” means England, Wales, Scotland or Northern Ireland, as the case may be;
44. “
relevant authority
” means—
  1. in respect of support under rural development
    1. in England, the Secretary of State,
    2. in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs,
    3. in Scotland, the Scottish Ministers,
    4. in Wales, the Welsh Ministers,
45. “
support for rural development
” means financial support granted under Title 3 of Regulation (EU) No 1305/2013 or Title 3, Chapter 2 of this Regulation;
46. ‘appropriate authority’ means:
  1. in relation to regulations which relate to rural development:
    1. subject to point (ii):
      1. insofar as the regulations apply in England, the Secretary of State;
      2. insofar as the regulations apply in Wales, the Welsh Ministers;
      3. insofar as the regulations apply in Scotland, the Scottish Ministers;
      4. insofar as the regulations apply in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs, or
    2. the Secretary of State:
      1. for regulations applying in Scotland, if consent is given by the Scottish Ministers;
      2. for regulations applying in Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.

Calculation of time limits for Commission decisions
Article 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART TWO

COMMON PROVISIONS APPLICABLE TO SUPPORT FOR RURAL DEVELOPMENT
TITLE I

PRINCIPLES OF SUPPORT FOR RURAL DEVELOPMENT

General principles
Article 4
1
Support for rural development must be provided through multi-annual programmes that complement national, regional and local intervention, as well as the Fund-specific missions, including economic, social and territorial cohesion.
2
The relevant authority must ensure, taking account of the specific context of each constituent nation, that support for rural development is consistent with the horizontal principles referred to in Articles 5, 7 and 8 and that it is complementary to CMO support and direct payment support and support under other
assimilated direct
legislation.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The relevant authority, in accordance with its institutional, legal and financial framework, and the bodies designated by it for that purpose shall be responsible for preparing and implementing programmes and carrying out their tasks, in partnership with the relevant partners referred to in Article 5, in compliance with this Regulation and the Fund-specific rules.
5
Arrangements for the implementation and use of support for rural development, and in particular the financial and administrative resources required for the preparation and implementation of programmes, in relation to monitoring, reporting, evaluation, management and control, shall respect the principle of proportionality having regard to the level of support allocated and shall take into account the overall aim of reducing the administrative burden on bodies involved in the management and control of the programmes.
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
The relevant authority and Managing Authority shall ensure the effectiveness of support for rural development during preparation and implementation, in relation to monitoring, reporting and evaluation.
10
The relevant authority and Managing Authority shall carry out their respective roles in relation to support for rural development with the aim of reducing the administrative burden on beneficiaries.

Partnership and multi-level governance
Article 5
1
The relevant authority
shall in accordance with its institutional and legal framework organise a partnership with the competent regional and local authorities. The partnership shall also include the following partners:
a
competent
... public authorities;
b
economic and social partners; and
c
relevant bodies representing civil society, including environmental partners, non-governmental organisations, and bodies responsible for promoting social inclusion, gender equality and non-discrimination.
2
In accordance with the multi-level governance approach, the partners referred to in paragraph 1 shall be involved by
the relevant authority
in the preparation of
... progress reports and throughout the preparation and implementation of programmes, including through participation in the monitoring committees for programmes in accordance with Article 48.
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The provisions of the code of conduct shall not in any way contradict the relevant provisions of this Regulation or the Fund-specific rules.
4
The Commission shall notify the delegated act, referred to in paragraph 3 of this Article, on the European code of conduct on partnership, simultaneously to the European Parliament and to the Council by 18 April 2014. That delegated act shall not specify a date of application that is earlier than the date of its adoption.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compliance with the law as it applies in the constituent nation
Article 6
Operations receiving support for rural development must comply with the law as it applies in the constituent nation relating to its application (“the law as it applies in the constituent nation”).

Promotion of equality between men and women and non-discrimination
Article 7
The relevant authority shall ensure that equality between men and women and the integration of gender perspective are taken into account and promoted throughout the preparation and implementation of programmes, including in relation to monitoring, reporting and evaluation.
The relevant authority shall take appropriate steps to prevent any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation during the preparation and implementation of programmes. In particular, accessibility for persons with disabilities shall be taken into account throughout the preparation and implementation of programmes.

Sustainable development
Article 8
The objectives of the support for rural development shall be pursued in line with the principle of sustainable development and with the ... aim of preserving, protecting and improving the quality of the environment, as set out in Article 11 and Article 191(1) TFEU, taking into account the polluter pays principle.
2
The relevant authority must ensure that environmental protection requirements, resource efficiency, climate change mitigation and adaptation, biodiversity, disaster resilience, and risk prevention and management are promoted in the preparation and implementation of programmes. The relevant authority must provide information on the support for climate change objectives using a methodology based on the categories of intervention, focus areas or measures, as appropriate, for support for rural development. That methodology must consist of assigning a specific weighting to the support provided at a level which reflects the extent to which such support makes a contribution to climate change mitigation and adaptation goals. The specific weighting assigned must be differentiated on the basis of whether the support makes a significant or a moderate contribution towards climate change objectives. Where the support does not contribute towards those objectives of the contribution is insignificant, a weighting of zero shall be assigned. In the case of support for rural development weightings shall be attached to focus areas set out in Regulation (EU) No 1305/2013.
The appropriate authority may make regulations setting out uniform conditions for support for rural development for the application of the methodology referred to in the second paragraph.
TITLE II

STRATEGIC APPROACH
CHAPTER I

Thematic objectives for the ESI Funds and Common Strategic Framework

Thematic objectives
Article 9
In order to contribute to the Fund-specific missions, support for rural development must support the following thematic objectives:
1. strengthening research, technological development and innovation;
2. enhancing access to, and use and quality of, ICT;
3. enhancing the competitiveness of SMEs, of the agricultural sector
(for support for rural development)
and of the fishery and aquaculture sector (for the EMFF);
4. supporting the shift towards a low-carbon economy in all sectors;
5. promoting climate change adaptation, risk prevention and management;
6. preserving and protecting the environment and promoting resource efficiency;
7. promoting sustainable transport and removing bottlenecks in key network infrastructures;
8. promoting sustainable and quality employment and supporting labour mobility;
9. promoting social inclusion, combating poverty and any discrimination;
10. investing in education, training and vocational training for skills and lifelong learning;
11. enhancing institutional capacity of public authorities and stakeholders and efficient public administration.
Thematic objectives shall be translated into priorities that are specific to
support for rural development
and are set out in the Fund-specific rules.
The priorities established for
support for rural development
in the Fund-specific rules shall in particular cover the appropriate use of
support for rural development
in the areas of migration and asylum. In that context, coordination with the Asylum, Migration and Integration Fund established by Regulation (EU) No 516/2014 of the European Parliament and of the Council
shall be ensured, where appropriate.

Common Strategic Framework
Article 10
1
In order to promote harmonious, balanced and sustainable development, a Common Strategic Framework (“CSF”) is hereby established as set out in Annex I. The CSF establishes strategic guiding principles to facilitate the programming process and the sectoral and territorial coordination of intervention through support for rural development, taking into account the key territorial challenges of the various types of territories.
2
The strategic guiding principles as set out in the CSF shall be established in line with the purpose and within the scope of the support for rural development, and in line with this Regulation and the Fund-specific rules. The CSF shall not impose additional obligations upon constituent nations beyond those set out within the framework of the relevant sectorial policies.
3
The CSF shall facilitate the preparation of
... programmes in accordance with the principles of proportionality and subsidiarity and taking into account national and regional competences, in order for the specific and appropriate policy and coordination measures to be decided.

Content
Article 11
The CSF shall establish:
...
2. arrangements to promote an integrated use of
support for rural development
;
3. arrangements for coordination between
support for rural development
and
direct payment support and CMO support
;
4. horizontal principles referred to in Articles 5, 7 and 8 and cross-cutting policy objectives for the implementation of
support for rural development
;
5. arrangements to address the key territorial challenges for urban, rural, coastal and fisheries areas, the demographic challenges of regions or specific needs of geographical areas which suffer from severe and permanent natural or demographic handicaps ... ;
6. priority areas for cooperation activities under
support for rural development
, where appropriate,
....

Review
Article 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance for beneficiaries
Article 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER II

Partnership Agreement

Preparation of the Partnership Agreement
Article 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Content of the Partnership Agreement
Article 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adoption and amendment of the Partnership Agreement
Article 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adoption of the revised Partnership Agreement in the event of delay in the entry into force of a Fund-specific Regulation
Article 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER III

Thematic concentration, ex ante conditionalities and performance review

Thematic concentration
Article 18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ex ante conditionalities
Article 19
The relevant authority must assess in accordance with its institutional and legal framework and in the context of the preparation of it programmes whether the ex ante conditionalities laid down in the respective Fund-specific rules and the general ex ante conditionalities set out in Part II of Annex XI are applicable to the specific objectives pursued within the priorities of their programmes and whether the applicable ex ante conditionalities are fulfilled.

Performance reserve
Article 20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Performance review
Article 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of the performance framework
Article 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER IV

Measures linked to sound economic governance

Measures linking effectiveness of ESI Funds to sound economic governance
Article 23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Increase in payments for Member State with temporary budgetary difficulties
Article 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Management of technical assistance for Member States
Article 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER V

Exceptional measures for the use of the ESI Funds in response to the COVID-19 outbreak

Exceptional measures for the use of the ESI Funds in response to the COVID-19 outbreak
Article 25a
1
By way of derogation from Article 60(1) and the first and fourth subparagraphs of Article 120(3), at the request of a Member State, a co-financing rate of 100 % may be applied to expenditure declared in payment applications during the accounting year starting 1 July 2020 and ending 30 June 2021 for one or more priority axes in a programme supported by the ERDF, the ESF or the Cohesion Fund.
Requests for modification of the co-financing rate shall be submitted in accordance with the procedure for the amendment of programmes set out in Article 30 and shall be accompanied by a revised programme or programmes. The co-financing rate of 100 % shall apply only if the relevant amendment of the operational programme is approved by the Commission before the submission of the final application for an interim payment in accordance with Article 135(2).
Before submitting the first payment application for the accounting year starting 1 July 2021, Member States shall notify the table referred to in point (d)(ii) of Article 96(2) confirming the co-financing rate which was applicable during the accounting year ending 30 June 2020 for the priorities concerned by the temporary increase to 100 %.
2
In response to the COVID-19 outbreak, the resources available for programming for the year 2020 for the Investment for growth and jobs goal may, at the request of a Member State, be transferred between the ERDF, the ESF and the Cohesion Fund, irrespective of the percentages referred to in points (a) to (d) of Article 92(1).
For the purpose of those transfers, the requirements laid down in Article 92(4) shall not apply.
Transfers shall not affect resources allocated to the YEI in accordance with Article 92(5) or to the aid for the most deprived under the Investment for growth and jobs goal in accordance with Article 92(7).
Resources transferred between the ERDF, the ESF and the Cohesion Fund under this paragraph shall be implemented in accordance with the rules of the Fund to which the resources are transferred.
3
By way of derogation from Article 93(1) and in addition to the possibility provided for in Article 93(2), resources available for programming for the year 2020 may, at the request of a Member State, be transferred between categories of regions in response to the COVID-19 outbreak.
4
Requests for transfers under paragraphs 2 and 3 of this Article shall be submitted in accordance with the procedure for amendment of programmes set out in Article 30, shall be duly justified and shall be accompanied by the revised programme or programmes identifying the amounts transferred by Fund and by category of region, where relevant.
5
By way of derogation from Article 18 of this Regulation and the Fund-specific Regulations, financial allocations set out in requests for programme amendments submitted or transfers notified pursuant to Article 30(5) of this Regulation, on or after 24 April 2020, shall not be subject to the requirements on thematic concentration set out in this Regulation or the Fund-specific Regulations.
6
By way of derogation from Article 16, as from 24 April 2020, Partnership Agreements shall not be amended and programme amendments shall not entail the amendment of Partnership Agreements.
By way of derogation from Articles 26(1), 27(1), 30(1) and 30(2), as from 24 April 2020 the consistency of programmes and of their implementation with the Partnership Agreement shall not be verified.
7
For operations that foster crisis response capacities in the context of the COVID-19 outbreak as referred to in the second subparagraph of Article 65(10), Article 65(6) shall not apply.
By way of derogation from point (b) of Article 125(3), such operations may be selected for support by the ERDF or the ESF prior to the approval of the amended programme.
8
For the purposes of point (b) of Article 87(1), where the COVID-19 outbreak is invoked as a reason of
force majeure
, information on the amounts for which it has not been possible to make a payment application shall be provided at an aggregate level by priority for operations whose total eligible cost is less than EUR 1 000 000.
9
The annual report on implementation of the programme referred to in Article 50(1) for the year 2019 shall be submitted by 30 September 2020 for all ESI Funds, by way of derogation from the deadlines set out in the Fund-specific Regulations. The transmission of the summary report to be prepared by the Commission in 2020, in accordance with Article 53(1), may be postponed accordingly.
10
By way of derogation from point (g) of Article 37(2), no review or update of the
ex ante
assessments shall be required where changes in financial instruments are necessary to provide an effective response to the COVID-19 outbreak.
11
Where financial instruments provide support in the form of working capital to SMEs pursuant to the second subparagraph of Article 37(4) of this Regulation, new or updated business plans, or equivalent documents, and evidence allowing verification that the support provided through the financial instruments has been used for its intended purpose as part of the supporting documents, shall not be required.
By way of derogation from Regulation (EU) No 1305/2013, such support may also be provided by the EAFRD under measures referred to in Regulation (EU) No 1305/2013 and relevant to the implementation of financial instruments. Such eligible expenditure shall not exceed EUR 200 000.
12
For the purposes of the second subparagraph of Article 127(1), the COVID-19 outbreak shall constitute a duly justified case that audit authorities may invoke, based on their professional judgement, to use a non-statistical sampling method for the accounting year starting 1 July 2019 and ending 30 June 2020.
13
For the purposes of application of point (f) of Article 30(1) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council
, the condition that appropriations are for the same objective shall not apply in respect of transfers under paragraphs 2 and 3 of this Article.
TITLE III

PROGRAMMING
CHAPTER I

General provisions on the ESI Funds

Preparation of programmes
Article 26
Support for rural development must be implemented through programmes. Each programmes shall cover the period from 1 January 2014 to 31 December 2020.

Content of programmes
Article 27
1
...
Each programme shall include arrangements to ensure effective, efficient and coordinated implementation of support for rural development and actions to achieve a reduction of the administrative burden on beneficiaries.
2
Each programme shall define priorities setting out specific objectives, financial appropriations of support for rural development and corresponding national co-financing ... which may be public or private in accordance with the Fund-specific rules.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Each priority shall set out indicators and corresponding targets expressed in qualitative or quantitative terms, in accordance with the Fund-specific rules, in order to assess progress in programme implementation aimed at achievement of objectives as the basis for monitoring, evaluation and review of performance. Those indicators shall include:
a
financial indicators relating to expenditure allocated;
b
output indicators relating to the operations supported;
c
result indicators relating to the priority concerned.
The Fund-specific rules shall set out common indicators and may set out provisions related to programme-specific indicators.
5
Each programme, except those which cover exclusively technical assistance, shall include a description, in accordance with the Fund-specific rules, of the actions to take into account the principles set out in Articles 5, 7 and 8.
6
Each programme, except those where technical assistance is undertaken under a specific programme, shall set out the indicative amount of support to be used for climate change objectives, based on the methodology referred to in Article 8.
7
The authority with responsibility for preparing the programme shall draft the programme in accordance with the Fund-specific rules.

Specific provisions on the content of programmes dedicated to joint instruments for uncapped guarantees and securitisation providing capital relief implemented by the EIB
Article 28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure for the adoption of programmes
Article 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of programmes
Article 30
Programmes may be amended by the relevant authority as set out in the Fund-specific regulations. The relevant authority must take into account this Regulation, the Fund-specific rules, the horizontal principles referred to in Article 5-7 and the expected impact of the changes to the programme on the programme's objectives.

Participation of the EIB
Article 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER II

Community-led local development

Community-led local development
Article 32
1
Support for rural development must be provided by the relevant authority for community-led led local development.
2
Community-led local development shall be:
a
focused on specific subregional areas;
b
led by local action groups composed of representatives of public and private local socio-economic interests, in which, at the decision-making level neither public authorities, as defined in accordance with national rules, nor any single interest group represents more than 49 % of the voting rights;
c
carried out through integrated and multi-sectoral area-based local development strategies;
d
designed taking into consideration local needs and potential, and shall include innovative features in the local context, networking and, where appropriate, cooperation.
3
Where support for rural development is made available to community-led local development it must be done so in a consistent and coordinated way. This shall be ensured inter alia through coordinated capacity-building, selection, approval and funding of community-led local development strategies and local action groups.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Community-led local development funded by support for rural development must be carried out under one or more priorities of the relevant programme or programmes in accordance with the Fund-specific rules.

Community-led local development strategies
Article 33
1
A community-led local development strategy shall contain at least the following elements:
a
the definition of the area and population covered by the strategy;
b
an analysis of the development needs and potential of the area, including an analysis of strengths, weaknesses, opportunities and threats;
c
a description of the strategy and its objectives, a description of the integrated and innovative features of the strategy and a hierarchy of objectives, including measurable targets for outputs or results. In relation to results, targets may be expressed in quantitative or qualitative terms. The strategy shall be consistent with the relevant programmes.
d
a description of the community involvement process in the development of the strategy;
e
an action plan demonstrating how objectives are translated into actions;
f
a description of the management and monitoring arrangements of the strategy, demonstrating the capacity of the local action group to implement the strategy and a description of specific arrangements for evaluation;
g
the financial plan for the strategy, including the planned allocation from support for rural development.
2
The relevant authority shall define criteria for the selection of community-led local development strategies.
3
Community-led local development strategies shall be selected by a committee set up for that purpose by the managing authority or authorities responsible and approved by the managing authority or authorities responsible.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The decision approving a community-led local development strategy shall set out the allocations from the relevant programmes. The decision shall also set out the responsibilities for the management and control tasks under the programme or programmes in relation to the community-led local development strategy.
6
The population of the area referred to in point (a) of paragraph 1 shall be not less than 10 000 and not more than 150 000 inhabitants. ...

Local action groups
Article 34
1
Local action groups shall design and implement the community-led local development strategies.
The relevant authority shall define the respective roles of the local action group and the authorities responsible for the implementation of the relevant programmes, concerning all implementation tasks relating to the community-led local development strategy.
2
The managing authority or authorities responsible shall ensure that the local action groups either select one partner within the group as a lead partner in administrative and financial matters, or come together in a legally constituted common structure.
3
The tasks of local action groups shall include the following:
a
building the capacity of local actors, including potential beneficiaries, to develop and implement operations including by fostering their capacity to prepare and manage their projects;
b
drawing up a non-discriminatory and transparent selection procedure which avoids conflicts of interests, ensures that at least 50 % of the votes in selection decisions are cast by partners which are not public authorities, and allows selection by written procedure;
c
drawing up and approving non-discriminatory objective criteria for the selection of operations that ensure coherence with the community-led local development strategy by prioritising those operations according to their contribution to meeting that strategy’s objectives and targets;
d
preparing and publishing calls for proposals or an ongoing project submission procedure;
e
receiving and assessing applications for support;
f
selecting operations and fixing the amount of support and, where relevant, presenting the proposals to the body responsible for final verification of eligibility before approval;
g
monitoring the implementation of the community-led local development strategy and the operations supported and carrying out specific evaluation activities linked to that strategy.
Where local action groups carry out tasks not covered by points (a) to (g) of the first subparagraph that fall under the responsibility of the managing or certifying authority or of the paying agency, those local action groups shall be designated as intermediate bodies
in accordance with the Fund-specific rules
.
4
Without prejudice to point (b) of paragraph 3, the local action group may be a beneficiary and implement operations in accordance with the community-led local development strategy.
5
In the case of cooperation activities of local action groups as referred to in point (c) of Article 35(1), the tasks set out in point (f) of paragraph 3 of this Article may be carried out by the managing authority responsible.

Support ... for community-led local development
Article 35
1
Support for rural development for community-led local development shall cover:
a
the costs of preparatory support consisting of capacity building, training and networking with a view to preparing and implementing a community-led local development strategy.
Such costs may include one or more of the following elements:
1. training actions for local stakeholders;
2. studies of the area concerned;
3. costs related to the design of the community-led local development strategy, including consultancy costs and costs for actions related to consultations of stakeholders for the purposes of preparing the strategy;
4. administrative costs (operating and personnel costs) of an organisation that applies for preparatory support during the preparation phase;
5. support for small pilot projects.
Such preparatory support shall be eligible regardless of whether the community-led local development strategy designed by the local action group benefitting from the support is selected for funding by the selection committee set up under Article 33(3).
b
implementation of operations under the community-led local development strategy;
c
preparation and implementation of the local action group's cooperation activities;
d
running costs linked to the management of the implementation of the community-led local development strategy consisting of operating costs, personnel costs, training cost, costs linked to public relations, financial costs as well as the costs linked to monitoring and evaluation of that strategy as referred to in point (g) of Article 34(3);
e
animation of the community-led local development strategy in order to facilitate exchange between stakeholders to provide information and to promote the strategy and to support potential beneficiaries with a view to developing operations and preparing applications.
2
Support for running costs and animation as referred to in points (d) and (e) of paragraph 1 shall not exceed 25 % of the total public expenditure incurred within the community-led local development strategy.
CHAPTER ΙΙΙ

Territorial development

Integrated territorial investment
Article 36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TITLE IV

FINANCIAL INSTRUMENTS

Financial instruments
Article 37
1
Support for rural development may be used to support financial instruments under one or more programmes , including when organised through funds of funds, in order to contribute to the achievement of specific objectives set out under a priority.
Financial instruments shall be implemented to support investments which are expected to be financially viable and do not give rise to sufficient funding from market sources. When applying this Title, the managing authorities, the bodies implementing funds of funds, and the bodies implementing financial instruments shall comply with applicable law, in particular on ... public procurement.
2
Support of financial instruments shall be based on an ex ante assessment which has established evidence of market failures or suboptimal investment situations, and the estimated level and scope of public investment needs, including types of financial instruments to be supported. Such ex ante assessment shall include:
a
an analysis of market failures, suboptimal investment situations, and investment needs for policy areas and thematic objectives or investment priorities to be addressed with a view to contributing to the achievement of specific objectives set out under a priority and to be supported through financial instruments. That analysis shall be based on available good practices methodology;
b
an assessment of the added value of the financial instruments that are being considered for support for rural development, consistency with other forms of public intervention addressing the same market, ... the proportionality of the envisaged intervention and measures to minimise market distortion;
c
an estimate of additional public and private resources to be potentially raised by the financial instrument down to the level of the final recipient (expected leverage effect), including as appropriate an assessment of the need for, and the extent of, differentiated treatment as referred to in Article 43a to attract counterpart resources from investors operating under the market economy principle and/or a description of the mechanisms which will be used to establish the need for, and extent of, such differentiated treatment, such as a competitive or appropriately independent assessment process;
d
an assessment of lessons learnt from similar instruments and ex ante assessments carried out by the relevant authority in the past, and how such lessons will be applied in the future;
e
the proposed investment strategy, including an examination of options for implementation arrangements within the meaning of Article 38, financial products to be offered, final recipients targeted and envisaged combination with grant support as appropriate;
f
a specification of the expected results and how the financial instrument concerned is expected to contribute to the achievement of the specific objectives set out under the relevant priority including indicators for that contribution;
g
provisions allowing for the ex ante assessment to be reviewed and updated as required during the implementation of any financial instrument which has been implemented based upon such assessment, where during the implementation phase, the managing authority considers that the ex ante assessment may no longer accurately represent the market conditions existing at the time of implementation.
3
The
ex ante
assessment referred to in paragraph 2 of this Article may take into account the
ex ante
evaluations referred to in point (h) of the first subparagraph and the second subparagraph of Article 209(2) of the Financial Regulation and may be performed in stages. It shall, in any event, be completed before the managing authority decides to make programme contributions to a financial instrument.
The summary findings and conclusions of ex ante assessments in relation to financial instruments shall be published within three months of their date of finalisation.
The ex ante assessment shall be submitted to the monitoring committee for information purposes in accordance with the Fund-specific rules.
4
Where financial instruments support financing to enterprises, including SMEs, such support shall target the establishment of new enterprises, early stage-capital, i.e. seed capital and start-up capital, expansion capital, capital for the strengthening of the general activities of an enterprise, or the realisation of new projects, penetration of new markets or new developments by existing enterprises, ... in accordance with the Fund-specific rules. Such support may include investment in both tangible and intangible assets as well as working capital ... with a view to stimulating the private sector as a supplier of funding to enterprises. It may also include the costs of transfer of proprietary rights in enterprises provided that such transfers take place between independent investors.
Financial instruments may also provide support in the form of working capital to SMEs, if necessary as a temporary measure, to provide an effective response to a public health crisis.
5
Investments that are to be supported through financial instruments shall not be physically completed or fully implemented at the date of the investment decision.
6
Where financial instruments provide support to final recipients in respect of infrastructure investments with the objective of supporting urban development or urban regeneration or similar infrastructure investments with the objectives of diversifying non-agricultural activities in rural areas, such support may include the amount necessary for the reorganisation of a debt portfolio regarding infrastructure forming part of the new investment, up to a maximum of 20 % of the total amount of programme support from the financial instrument to the investment.
7
Financial instruments may be combined with grants, interest rate subsidies and guarantee fee subsidies. Where support for rural development is provided by means of financial instruments and combined in a single operation, with other forms of support directly related to financial instruments targeting the same final recipients, including technical support, interest rate subsidies and guarantee fee subsidies, the provisions applicable to financial instruments shall apply to all forms of support within that operation. In such cases, ... separate records shall be maintained for each form of support.
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
The combination of support provided through grants and financial instruments as referred to in paragraphs 7 and 8 may ... cover the same expenditure item provided that the sum of all forms of support combined does not exceed the total amount of the expenditure item concerned. Grants shall not be used to reimburse support received from financial instruments. Financial instruments shall not be used to pre-finance grants.
10
Contributions in kind shall not constitute eligible expenditure in respect of financial instruments, except for contributions of land or real estate in respect of investments with the objective of supporting rural development, urban development or urban regeneration, where the land or real estate forms part of the investment. Such contributions of land or real estate shall be eligible provided that the conditions laid down in Article 69(1) are met.
11
VAT shall not constitute eligible expenditure of an operation, except in the case of VAT which is non-recoverable under national VAT legislation. The treatment of VAT at the level of investments made by final recipients shall not be taken into account for the purposes of determining the eligibility of expenditure under the financial instrument. However, where financial instruments are combined with grants under paragraphs 7 and 8 of this Article, the provisions of Article 69(3) shall apply to the grant.
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
The appropriate authority may make regulations in relation to support for rural development laying down additional specific rules on the purchase of land and on combining technical support with financial instruments.

Implementation of financial instruments
Article 38
1
In implementing Article 37, Managing Authorities may provide a financial contribution to financial instruments set up at national, regional, transnational or cross-border level, managed by or under the responsibility of the Managing Authority.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
For financial instruments under ... paragraph 1, the managing authority may provide a financial contribution to the following financial instruments:
a
financial instruments complying with the standard terms and conditions as set out in Regulation (EU) No 964/2014, in accordance with the second subparagraph of this paragraph;
b
already existing or newly created financial instruments which are specifically designed to achieve the specific objectives set out under the relevant priority.
The appropriate authority may make regulations in relation to support for rural development concerning the standard terms and conditions with which the financial instruments under point (a) of the first subparagraph shall comply. ...
4
When supporting financial instruments referred to in point (b) of paragraph 1 the managing authority may:
a
invest in the capital of existing or newly created legal entities dedicated to implementing financial instrument consistent with the objectives of the support for rural development, which will undertake implementation tasks; the support to such entities shall be limited to the amounts necessary to implement new investments in accordance with Article 37 and in a manner that is consistent with the objectives of this Regulation;
b
entrust implementation tasks, through the direct award of a contract, to:
...
2. an international financial institution in which a
relevant authority
is a shareholder;
3. a publicly-owned bank or institution, established as a legal entity carrying out financial activities on a professional basis, which fulfils all of the following conditions:
  - there is no direct private capital participation, with the exception of non-controlling and non-blocking forms of private capital participation required by
the law as it applies in the constituent nation
which do not exert a decisive influence on the relevant bank or institution, and with the exception of forms of private capital participation which confer no influence on decisions regarding the day-to-day management of the financial instrument supported by
support for rural development
;
  - operates under a public policy mandate given by the relevant authority
..., which includes carrying out, as all or part of its activities, economic development activities contributing to the objectives of
support for rural development
;
  - carries out, as all or part of its activities, economic development activities contributing to the objectives of
support for rural development
in regions, policy areas or sectors for which access to funding from market sources is not generally available or sufficient;
  - operates without primarily focussing on maximising profits, but ensures a long-term financial sustainability for its activities;
  - ensures that the direct award of a contract referred to in point (b) does not provide any direct or indirect benefit for commercial activities by way of appropriate measures in accordance with applicable law;
  - is subject to the supervision of an independent authority in accordance with applicable law;
c
entrust implementation tasks to another body governed by public or private law; or
d
undertake implementation tasks directly, in the case of financial instruments consisting solely of loans or guarantees. In that case the managing authority shall be considered to be the beneficiary within the meaning of point (10) of Article 2.
When implementing the financial instrument, the bodies referred to in points (a) to (d) of the first subparagraph of this paragraph shall ensure compliance with applicable law and with the requirements laid down in Article 155(2) and (3) of the Financial Regulation.
...
5
The bodies referred to in points (a), (b) and (c) of the first subparagraph of paragraph 4 of this Article may, when implementing funds of funds further entrust part of the implementation to financial intermediaries provided that such bodies ensure under their responsibility that the financial intermediaries satisfy the criteria laid down in Articles 33(1) and 209(2) of the Financial Regulation. Financial intermediaries shall be selected on the basis of open, transparent, proportionate and non-discriminatory procedures, avoiding conflict of interests.
6
The bodies referred to in points (b) and (c) of the first subparagraph of paragraph 4 to which implementation tasks have been entrusted shall open fiduciary accounts in their name and on behalf of the managing authority, or set up the financial instrument as a separate block of finance within the institution. In the case of a separate block of finance, an accounting distinction shall be made between programme resources invested in the financial instrument and the other resources available in the institution. The assets held on fiduciary accounts and such separate blocks of finance shall be managed in accordance with the principle of sound financial management following appropriate prudential rules and shall have appropriate liquidity.
7
Where a financial instrument is implemented under points (a), (b) and (c) of the first subparagraph of paragraph 4, subject to the implementation structure of the financial instrument, the terms and conditions for contributions from programmes to financial instruments shall be set out in funding agreements in accordance with Annex IV at the following levels:
a
where applicable, between the duly mandated representatives of the managing authority and the body that implements the fund of funds; and
b
between the duly mandated representatives of the managing authority, or where applicable, the body that implements the fund of funds, and the body that implements the financial instrument.
8
For financial instruments implemented under point (d) of the first subparagraph of paragraph 4, the terms and conditions for contributions from programmes to financial instruments shall be set out in a strategy document in accordance with Annex IV to be examined by the monitoring committee.
9
National public and private contributions, including where relevant contributions in kind as referred to in Article 37(10), may be provided at the level of the fund of funds, at the level of the financial instrument or at the level of final recipients, in accordance with the Fund-specific rules.
10
The appropriate authority may make regulations in relation to support for rural development
laying down uniform conditions regarding the detailed arrangements for the transfer and management of programme contributions managed by the bodies referred to in the first subparagraph of paragraph 4 of this Article and in Article 39a(5).
...

Contribution of ERDF and EAFRD to joint uncapped guarantee and securitisation financial instruments in favour of SMEs, implemented by the EIB
Article 39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contribution of ESI Funds to financial instruments combining such contribution with EIB financial products under the European Fund for Strategic Investments
Article 39a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Management and control of financial instruments
Article 40
1
The authorities designated in accordance with Article 65 of the Regulation (EU) No 1305/2013 must not carry out on-the-spot verifications at the level of international financial institutions in which a relevant authority is a shareholder, for financial instruments implemented by them.
However, the designated authorities shall carry out checks in accordance with Article 59(1) of Regulation (EU) No 1306/2013 at the level of other bodies implementing the financial instruments in the jurisdiction of their respective constituent nation.
International financial institutions in which a relevant authority is a shareholder must provide to the designated authorities a control report with each application for payment. They shall also provide to the designated authorities an annual audit report drawn up by their external auditors. Those reporting obligations are without prejudice to the reporting obligations, including as regards the performance of the financial instruments, as set out in Article 46(1) and (2) of this Regulation.
The Commission shall be empowered to adopt an implementing act concerning the models for the control reports and the annual audit reports referred to in the third subparagraph of this paragraph.
That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 150(2).
2
Without prejudice to Article 127 of this Regulation and Article 9 of Regulation (EU) No 1306/2013, the bodies responsible for the audit of the programmes shall not carry out audits at the level of
... international financial institutions in which a
relevant authority
is a shareholder, for financial instruments implemented by them.
The bodies responsible for the audit of the programmes shall carry out audits of operations and of management and control systems at the level of other bodies implementing the financial instruments in their respective
constituent nation
and at the level of the final recipients provided that the conditions set out in paragraph 3 are fulfilled.
...
2a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The bodies responsible for the audit of programmes may conduct audits at the level of final recipients only when one or more of the following situations occur:
a
supporting documents, providing evidence of the support from the financial instrument to final recipients and of its use for the intended purposes in line with applicable law, are not available at the level of the managing authority or at the level of the bodies that implement financial instruments;
b
there is evidence that the documents available at the level of the managing authority or at the level of the bodies that implement financial instruments do not represent a true and accurate record of the support provided.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The bodies implementing financial instruments shall be responsible for ensuring that supporting documents are available and shall not impose on final recipients record-keeping requirements that go beyond what is necessary to enable them to fulfil that responsibility.
5a
By way of derogation from the second paragraph of Article 56 of Regulation (EU) No 1306/2013, in operations comprising financial instruments, a contribution cancelled in accordance with the first paragraph of Article 56 of Regulation (EU) No 1306/2013, as a result of an individual irregularity, may be reused within the same operation under the following conditions:
a
where the irregularity that gives rise to the cancellation of the contribution is detected at the level of the final recipient, the contribution cancelled may be reused only for other final recipients within the same financial instrument;
b
where the irregularity that gives rise to the cancellation of the contribution is detected at the level of the financial intermediary within a fund of funds, the contribution cancelled may be reused only for other financial intermediaries.
Where the irregularity that gives rise to the cancellation of the contribution is detected at the level of the body implementing funds of funds, or at the level of the body implementing financial instruments where a financial instrument is implemented through a structure without a fund of funds, the contribution cancelled may not be reused within the same operation.
Where a financial correction is made for a systemic irregularity, the contribution cancelled may not be reused for any operation affected by the systemic irregularity.

Payment applications including expenditure for financial instruments
Article 41
1
As regards financial instruments referred to in points (a) and (c) of Article 38(1), and as regards financial instruments referred to in point (b) of Article 38(1) implemented in accordance with points (a), (b) and (c) of the first subparagraph of Article 38(4), phased applications for interim payment shall be made for programme contributions paid to the financial instrument during the eligibility period laid down in Article 65(2) (the ‘eligibility period’) in accordance with the following conditions:
a
the amount of the programme contribution paid to the financial instrument included in each application for interim payment submitted during the eligibility period shall not exceed 25 % of the total amount of programme contributions committed to the financial instrument under the relevant funding agreement, corresponding to expenditure within the meaning of points (a), (b) and (d) of Article 42(1) expected to be paid during the eligibility period. Applications for interim payment submitted after the eligibility period shall include the total amount of eligible expenditure within the meaning of Article 42;
b
each application for interim payment referred to in point (a) of this paragraph may include up to 25 % of the total amount of the national co-financing as referred to in Article 38(9) expected to be paid to the financial instrument, or at the level of final recipients for expenditure in the meaning of points (a), (b) and (d) of Article 42(1), within the eligibility period;
c
subsequent applications for interim payment submitted during the eligibility period shall only be made:
1. for the second application for interim payment, when at least 60 % of the amount included in the first application for interim payment has been spent as eligible expenditure within the meaning of points (a), (b) and (d) of Article 42(1);
2. for the third and subsequent applications for interim payment, when at least 85 % of the amounts included in the previous applications for interim payment have been spent as eligible expenditure within the meaning of points (a), (b) and (d) of Article 42(1);
(d)
each application for interim payment, which includes expenditure related to financial instruments, shall separately disclose the total amount of programme contributions paid to the financial instruments and the amounts paid as eligible expenditure within the meaning of points (a), (b) and (d) of Article 42(1).
At closure of a programme, the application for payment of the final balance shall include the total amount of eligible expenditure as referred to in Article 42.
2
As regards financial instruments referred to in point (b) of Article 38(1) implemented in accordance with point (d) of the first subparagraph of Article 38(4), the applications for interim payment and for payment of the final balance shall include the total amount of the payments effected by the managing authority for investments in final recipients as referred to in points (a) and (b) of the first subparagraph of Article 42(1).
3
The
appropriate authority may make regulations in relation to support for rural development
, laying down the rules for withdrawal of payments to financial instruments and consequent adjustments in respect of applications for payment.
4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Eligible expenditure at closure
Article 42
1
At closure of a programme, the eligible expenditure of the financial instrument shall be the total amount of programme contributions effectively paid or, in the case of guarantees, committed by the financial instrument within the eligibility period, corresponding to:
a
payments to final recipients, and in the cases referred to in Article 37(7) payments to the benefit of final recipients;
b
resources committed for guarantee contracts, whether outstanding or already come to maturity, in order to honour possible guarantee calls for losses, calculated on the basis of a prudent ex ante risk assessment, covering a multiple amount of underlying new loans or other risk-bearing instruments for new investments in final recipients;
c
capitalised interest rate subsidies or guarantee fee subsidies, due to be paid for a period not exceeding 10 years after the eligibility period, used in combination with financial instruments, paid into an escrow account specifically set up for that purpose, for effective disbursement after the eligibility period, but in respect of loans or other risk-bearing instruments disbursed for investments in final recipients within the eligibility period;
d
reimbursement of management costs incurred or payment of management fees of the financial instrument.
The
appropriate authority may make regulations in relation to support for rural development
laying down the specific rules concerning the establishment of a system of capitalisation of annual instalments for interest rate subsidies and guarantee fee subsidies referred to in point (c) of the first subparagraph.
2
In the case of equity-based instruments and micro-credit, capitalised management costs or fees due to be paid for a period not exceeding six years after the eligibility period, in respect of investments in final recipients which occurred within the eligibility period, which cannot be covered by Articles 44 or 45, may be considered as eligible expenditure when paid into an escrow account specifically set up for that purpose.
3
In the case of equity-based instruments targeting enterprises referred to in Article 37(4) for which the funding agreement referred to in point (b) of Article 38(7) was signed before 31 December 2018, which by the end of the eligibility period invested at least 55 % of the programme resources committed in the relevant funding agreement, a limited amount of payments for investments in final recipients to be made for a period not exceeding four years after the end of the eligibility period may be considered as eligible expenditure, when paid into an escrow account specifically set up for that purpose, provided that
... all of the conditions set out below are fulfilled.
The amount paid into the escrow account:
a
shall be used solely for follow-on investments in final recipients having received initial equity investments from the financial instrument within the eligibility period, which are still wholly or partially outstanding;
b
shall be used solely for follow-on investments to be made in accordance with market standards and market standard contractual arrangements and limited to the minimum necessary to stimulate private sector co-investment, while ensuring continuity of financing for the target enterprises so that both public and private investors can benefit from investments;
c
shall not exceed 20 % of the eligible expenditure of the equity-based instrument referred to in point (a) of the first subparagraph of paragraph 1 from which ceiling capital resources and gains returned to that equity-based instrument during the eligibility period shall be deducted.
Any amounts paid into the escrow account which are not used for investments in final recipients paid in the period referred to in the first subparagraph shall be used in accordance with Article 45.
4.
The eligible expenditure disclosed in accordance with paragraphs 1, 2 and 3 shall not exceed the sum of the:
(a)
total amount of
support for rural development
paid for the purposes of paragraphs 1, 2 and 3; and
b
corresponding national co-financing.
5
Where management costs and fees as referred to in point (d) of the first subparagraph of paragraph 1 of this Article and in paragraph 2 of this Article are charged by the body implementing the fund of funds or bodies implementing financial instruments pursuant to point (c) of Article 38(1) and points (a), (b) and (c) of the first subparagraph of Article 38(4), they shall not exceed the thresholds defined in
legislation made under
paragraph 6 of this Article. Whereas management costs shall comprise direct or indirect cost items reimbursed against evidence of expenditure, management fees shall refer to an agreed price for services rendered established via a competitive market process, where applicable. Management costs and fees shall be based on a performance-based calculation methodology.
Management costs and fees may comprise arrangement fees. Where arrangement fees, or any part thereof, are charged to final recipients, they shall not be declared as eligible expenditure.
Management costs and fees, including those incurred for preparatory work in relation to the financial instrument before the signature of the relevant funding agreement, shall be eligible as from the date of signature of the relevant funding agreement.
6
The
appropriate authority may make regulations in relation to support for rural development
, laying down the specific rules setting out the criteria for determining management costs and fees on the basis of performance and the applicable thresholds as well as rules for the reimbursement of capitalised management costs and fees for equity-based instruments and micro-credit.

Interest and other gains generated by support for rural development to financial instruments
Article 43
1
Support for rural development paid to financial instruments shall be placed in accounts domiciled within financial institutions in the constituent nation and shall be invested on a temporary basis in accordance with the principles of sound financial management.
2.
Interest and other gains attributable to support
for rural development
paid to financial instruments shall be used for the same purposes, including the reimbursement of management costs incurred or payment of management fees of the financial instrument in accordance with point (d) of the first subparagraph of Article 42(1) and in accordance with Article 42(2) and (3), as the initial support
for rural development
, either within the same financial instrument or, following the winding up of the financial instrument, in other financial instruments or forms of support in accordance with the specific objectives set out under a priority, until the end of the eligibility period.
3
The managing authority shall ensure that adequate records of the use of interest and other gains are maintained.

Differentiated treatment of investors
Article 43a
1
Support
for rural development
to financial instruments invested in final recipients and gains and other earnings or yields, such as interest, guarantee fees, dividends, capital gains or any other income generated by those investments, which are attributable to the support
for rural development
, may be used for differentiated treatment of investors operating under the market economy principle,
... . Such differentiated treatment shall be justified by the need to attract private counterpart resources and to leverage public funding.
2
The assessments referred to in Articles 37(2)
... shall include, as appropriate, an assessment of the need for, and the extent of, differentiated treatment as referred to in paragraph 1 of this Article and/or a description of the mechanisms which will be used to establish the need for, and extent of, such differentiated treatment.
3
The differentiated treatment shall not exceed what is necessary to create the incentives for attracting private counterpart resources. It shall not over-compensate investors operating under the market economy principle,
.... The alignment of interest shall be ensured through an appropriate sharing of risk and profit.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Re-use of resources attributable to the support from the ESI Funds until the end of the eligibility periodRe-use of resources attributable to the support for rural development
Article 44
1
Without prejudice to Article 43a, resources paid back to financial instruments from investments or from the release of resources committed for guarantee contracts, including capital repayments and gains and other earnings or yields, such as interest, guarantee fees, dividends, capital gains or any other income generated by investments, which are attributable to
support for rural development
, shall be re-used for the following purposes, up to the amounts necessary and in the order agreed in the relevant funding agreements:
a
further investments through the same or other financial instruments, in accordance with the specific objectives set out under a priority;
b
where applicable, to cover the losses in the nominal amount
contribution from support for rural development
to the financial instrument resulting from negative interest, if such losses occur despite active treasury management by the bodies implementing financial instruments;
c
where applicable, reimbursement of management costs incurred and payment of management fees of the financial instrument.
2
The managing authority shall ensure that adequate records of the re-use of the resources referred to in paragraph 1 are maintained.

Re-use of resources after the end of the eligibility period
Article 45
The relevant authority
shall adopt the necessary measures to ensure that resources paid back to financial instruments, including capital repayments and gains and other earnings or yields generated during a period of at least eight years after the end of the eligibility period, which are attributable to
support for rural development
to financial instruments pursuant to Article 37, are re-used in accordance with the aims of the programme or programmes, either within the same financial instrument or, following the exit of those resources from the financial instrument, in other financial instruments provided that, in both cases, an assessment of market conditions demonstrates a continuing need for such investment, or in other forms of support.

Report on implementation of financial instruments
Article 46
1
The managing authority shall send to the
Programme Monitoring Committee
a specific report covering the operations comprising financial instruments as an annex to the annual implementation report.
2
The specific report referred to in paragraph 1 shall include, for each financial instrument, the following information:
a
identification of the programme and of the priority or measure from which support
for rural development
is provided;
b
description of the financial instrument and implementation arrangements;
c
identification of the bodies implementing financial instruments, and the bodies implementing funds of funds where applicable, as referred to under points (a), (b) and (c) of Article 38(1);
d
total amount of programme contributions by priority or measure paid to the financial instrument;
e
total amount of support paid to the final recipients or to the benefit of final recipients, or committed in guarantee contracts by the financial instrument for investments in final recipients, as well as management costs incurred or management fees paid, by programme and priority or measure;
f
the performance of the financial instrument including progress in its set-up and in selection of bodies implementing the financial instrument, including the body implementing a fund of funds;
g
interest and other gains generated by support
for rural development
to the financial instrument and programme resources paid back to financial instruments from investments as referred to in Articles 43 and 44 and amounts used for differentiated treatment as referred to in Article 43a;
h
progress in achieving the expected leverage effect of investments made by the financial instrument;
i
the value of equity investments, with respect to previous years;
j
contribution of the financial instrument to the achievement of the indicators of the priority or measure concerned.
The information in points (h) and (j) of the first subparagraph may be included only in the annex to the annual implementation reports submitted in 2017 and 2019 as well as in the final implementation report. The reporting obligations set out in points (a) to (j) of the first subparagraph shall not be applied at the level of final recipients.
3
The appropriate authority may make regulations in relation to rural development setting out the models to be used when reporting on financial instruments to the monitoring committee.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TITLE V

MONITORING AND EVALUATION
CHAPTER I

Monitoring
Section I

Monitoring of programmes

Monitoring committee
Article 47
1
The Managing Authority must agree with a Programme Monitoring Committee, set up in accordance with the institutional, legal and financial framework of the constituent nation, on the monitoring and implementation of the programme.
2
Each monitoring committee shall draw up and adopt its rules of procedure in accordance with the institutional, legal and financial framework of the
constituent nation
concerned.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Composition of the monitoring committee
Article 48
1
The composition of the monitoring committee shall be decided by the
Managing Authority
, provided that the monitoring committee is composed of representatives of the relevant
... authorities and intermediate bodies and of representatives of the partners referred to in Article 5. Representatives of the partners shall be delegated to be part of the monitoring committee by the respective partners through transparent processes. Each member of the monitoring committee may have a voting right.
...
2
The list of the members of the monitoring committee shall be published.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The monitoring committee shall be chaired by a representative of the
constituent nation
or of the managing authority.

Functions of the monitoring committee
Article 49
1
The monitoring committee shall meet at least once a year and shall review implementation of the programme and progress made towards achieving its objectives. In doing so, it shall have regard to the financial data, common and programme-specific indicators, including changes in the value of result indicators and progress towards quantified target values
... and, where relevant, the results of qualitative analyses.
2
The monitoring committee shall examine all issues that affect the performance of the programme, including the conclusions of the performance review.
3
The monitoring committee shall be consulted and shall, if it considers it to be appropriate, give an opinion on any amendment of the programme proposed by the managing authority.
4
The monitoring committee may make observations to the managing authority regarding implementation and evaluation of the programme including actions related to the reduction of the administrative burden on beneficiaries. It may also make observations on the visibility of support
for rural development
and on raising awareness about the results of such support. It shall monitor actions taken as a result of its observations.

Implementation reports
Article 50
1
Until and including
2023
2025
, each Managing Authority must submit to the Programme Monitoring Committee an annual report on implementation of the programme in the previous financial year by the deadline established in the Fund-specific rules.
2
Annual implementation reports shall set out key information on implementation of the programme and its priorities by reference to the financial data, common and programme-specific indicators and quantified target values, including changes in the value of result indicators where appropriate
.... The data transmitted shall relate to values for indicators for fully implemented operations and also, where possible, having regard to the stage of implementation, for selected operations. They shall also set out a synthesis of the findings of all evaluations of the programme that have become available during the previous financial year, any issues which affect the performance of the programme, and the measures taken. The annual implementation report to be submitted in 2016 may also set out, where relevant, actions taken to fulfil ex ante conditionalities.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The annual implementation report to be submitted in 2017 shall set out and assess the information referred to in paragraph 2 and progress made towards achieving the objectives of the programme, including the contribution of
support for rural development
to changes in the value of result indicators, when evidence is available from relevant evaluations. That annual implementation report shall set out the actions taken to fulfil the ex-ante conditionalities not fulfilled at the time of adoption of the programmes. It shall also assess the implementation of actions to take into account the principles set out in Articles 7 and 8, the role of the partners referred to in Article 5 in the implementation of the programme and report on support used for climate change objectives.
5.
The annual implementation report to be submitted in 2019 and the final implementation report for
support for rural development
shall, in addition to the information and assessment referred to in paragraphs 2 and 4, include information on, and assess progress towards, achieving the objectives of the programme
... .
6
In order to be deemed admissible, the annual implementation reports referred to in paragraphs 1 to 5 shall contain all the information required in those paragraphs and in the Fund-specific rules.
...
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
The annual and final implementation reports, as well as a summary for citizens of their content, shall be made available to the public.

Annual review meeting
Article 51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section II

Strategic progress

Progress report
Article 52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reporting by the Commission and debate on the ESI Funds
Article 53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER II

Evaluation

General Provisions
Article 54
1
Evaluations shall be carried out to improve the quality of the design and implementation of programmes, as well as to assess their effectiveness, efficiency and impact. The impact of programmes shall be evaluated, in the light of the mission of
support for rural development
,
... , having regard to the size of the programme, in relation to GDP and unemployment in the programme area concerned, where appropriate.
2
The relevant authority
shall provide the resources necessary for carrying out evaluations, and shall ensure that procedures are in place to produce and collect the data necessary for evaluations, including data related to common and where appropriate programme-specific indicators.
3
Evaluations shall be carried out by internal or external experts that are functionally independent of the authorities responsible for programme implementation. ....
4
All evaluations shall be made available to the public.

Ex ante evaluation
Article 55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evaluation during the programming period
Article 56
1
An evaluation plan shall be drawn up by the managing authority or
the relevant authority
and may cover more than one programme. It shall be submitted in accordance with the Fund-specific rules.
2
The relevant authority
shall ensure that appropriate evaluation capacity is available.
3
During the programming period, the managing authority shall ensure that evaluations, including evaluations to assess effectiveness, efficiency and impact, are carried out for each programme on the basis of the evaluation plan and that each evaluation is subject to appropriate follow-up in accordance with the Fund-specific rules. At least once during the programming period, an evaluation shall assess how
support for rural development
has contributed to the objectives for each priority. All evaluations shall be examined by the monitoring committee
....
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ex post evaluation
Article 57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TITLE VI

TECHNICAL ASSISTANCE

Technical assistance at the initiative of the Commission
Article 58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Technical assistance at the initiative of the Member States
Article 59
1
At the initiative of a
relevant authority
,
support for rural development
may support actions for preparation, management, monitoring, evaluation, information and communication, networking, complaint resolution, and control and audit.
Support for rural development
may be used by the
relevant authority
to support actions for the reduction of the administrative burden on beneficiaries, including electronic data exchange systems, and actions to reinforce the capacity of
relevant authority
... and beneficiaries to administer and use those Funds.
Support for rural development
may also be used to support actions to reinforce the capacity of relevant partners in line with point (e) of Article 5(3) and to support exchange of good practices between such partners. The actions referred to in this paragraph may concern previous and subsequent programming periods.
1a
Any programme may support technical assistance operations eligible under any other programme.
2
The Fund-specific rules may add or exclude actions which may be financed by the technical assistance
under any programme
.
3
Without prejudice to paragraph 2,
the relevant authority
may implement actions referred to in paragraph 1 through the direct award of a contract to:
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
an international financial institution in which a
relevant authority
is a shareholder;
c
a publicly-owned bank or institution, as referred to in point (b)(iii) of the first subparagraph of Article 38(4).
TITLE VII

FINANCIAL SUPPORT FROM THE ESI FUNDS
CHAPTER I

Support from the ESI Funds

Determination of co-financing rates
Article 60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Operations generating net revenue after completion
Article 61
1
This Article shall apply to operations which generate net revenue after their completion. For the purposes of this Article, ‘net revenue’ means cash in-flows directly paid by users for the goods or services provided by the operation, such as charges borne directly by users for the use of infrastructure, sale or rent of land or buildings, or payments for services less any operating costs and replacement costs of short-life equipment incurred during the corresponding period. Operating cost-savings generated by the operation, with the exception of cost-savings resulting from the implementation of energy efficiency measures, shall be treated as net revenue unless they are offset by an equal reduction in operating subsidies.
Where not all the investment cost is eligible for co-financing, the net revenue shall be allocated pro rata to the eligible and non-eligible parts of the investment cost.
2
The eligible expenditure of the operation to be co-financed from support for rural development shall be reduced in advance taking into account the potential of the operation to generate net revenue over a specific reference period that covers both implementation of the operation and the period after its completion.
3
The potential net revenue of the operation shall be determined in advance by one of the following methods chosen by the managing authority for a sector, subsector or type of operation:
a
application of a flat rate net revenue percentage for the sector or subsector applicable to the operation as defined in Annex V or in any of the delegated acts referred to in the second, third and fourth subparagraphs;
aa
application of a flat rate net revenue percentage established by a
relevant authority
for a sector or subsector not covered by point (a). Before the application of the flat rate the responsible audit authority shall verify that the flat rate has been established according to a fair, equitable and verifiable method based on historical data or objective criteria;
b
calculation of the discounted net revenue of the operation, taking into account the reference period appropriate to the sector or subsector applicable to the operation, the profitability normally expected of the category of investment concerned, the application of the polluter-pays principle and, if appropriate, considerations of equity linked to the relative prosperity of the relevant authority or region concerned.
The appropriate authority may make regulations in duly justified cases to amend Annex V by adjusting the flat rates established therein taking into account historical data, the potential for cost recovery and the polluter-pays principle where applicable.
...
In addition, the appropriate authority may make regulations in duly justified cases with regard to adding sectors or subsectors, including subsectors for sectors in Annex V, falling under the thematic objectives defined in the first paragraph of Article 9 and funded by support for rural development.
Where the method referred to in point (a) of the first subparagraph is applied, all the net revenue generated during implementation and after completion of the operation shall be considered to be taken into account by the application of the flat rate and shall therefore not be deducted subsequently from the eligible expenditure of the operation.
When a flat rate for a new sector or subsector has been established by legislation in accordance with the fourth subparagraph, a managing authority may choose to apply the method set out in point (a) of the first subparagraph for new operations in relation to the sector or subsector concerned.
The appropriate authority may make regulations, laying down the method referred to in point (b) of the first subparagraph. Where that method is applied, the net revenue generated during implementation of the operation, resulting from sources of revenue not taken into account in determining the potential net revenue of the operation, shall be deducted from the eligible expenditure of the operation, no later than in the final payment claim submitted by the beneficiary.
4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
As an alternative to the application of the methods laid down in paragraph 3 of this Article, the maximum co-financing rate referred to in Article 60(1) may, at the request of a
relevant authority
, be decreased for a priority or measure under which all supported operations could apply a uniform flat rate in accordance with point (a) of the first subparagraph of paragraph 3 of this Article. The decrease shall be not less than the amount calculated by multiplying the maximum
core contribution
applicable under the Fund-specific rules by the relevant flat rate referred to in that point.
6
Where it is objectively not possible to determine the revenue in advance based on any of the methods set out in paragraphs 3 or 5, the net revenue generated within three years of the completion of an operation, or by the deadline for the submission of documents for programme closure fixed in the Fund-specific rules, whichever is the earlier, shall be deducted from the expenditure declared to the relevant authority.
7
Paragraphs 1 to 6 shall not apply to:
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
operations whose total eligible cost before application of paragraphs 1 to 6 does not exceed EUR 1 000 000 GBP 833,333;
c
repayable assistance subject to an obligation for full repayment and prizes;
d
technical assistance;
e
support to or from financial instruments;
f
operations for which public support takes the form of lump sums or standard scale unit costs;
g
operations implemented under a joint action plan;
h
operations for which amounts or rates of support are defined in Annex II to
Regulation (EU) No 1305/2013
or in the EMFF Regulation.
Notwithstanding point (b) of the first subparagraph of this paragraph, where a relevant authority applies paragraph 5, it may include in the relevant priority or measure operations whose total eligible cost before application of paragraphs 1 to 6 does not exceed EUR 1 000 000 GBP 833,333.
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER II
Special rules on support from the ESI Funds to PPPs
Special rules on support to PPPs

PPPs
Article 62
Support for rural development may be used to support PPP operations. Such PPP operations shall comply with applicable law, in particular concerning ... public procurement.

Beneficiary under PPP operations
Article 63
1
In relation to a PPP operation, and by way of derogation from point (10) of Article 2, a beneficiary may be either:
a
the public law body initiating the operation; or
b
a body governed by private law of a relevant authority (the "private partner") selected or to be selected for the implementation of the operation.
2
The public law body initiating the PPP operation may propose that the private partner, to be selected after approval of the operation, be the beneficiary for the purposes of support from support for rural development. In that event, the approval decision shall be conditional on the managing authority satisfying itself that the selected private partner fulfils and assumes all the corresponding obligations of a beneficiary under this Regulation.
3
The private partner selected to implement the operation may be replaced as beneficiary during implementation where this is required under the terms and conditions of the PPP or the financing agreement between the private partner and the financial institution co-financing the operation. In that event the replacement private partner or public law body shall become the beneficiary provided that the managing authority satisfies itself that the replacement partner fulfils and assumes all the corresponding obligations of a beneficiary under this Regulation.
4
The appropriate authority may make regulations laying down additional rules on the replacement of a beneficiary and on the related responsibilities.
5
The replacement of a beneficiary shall not be considered a change in ownership within the meaning of point (b) of Article 71(1) if that replacement satisfies the applicable conditions set out in paragraph 3 of this Article and in regulations made pursuant to paragraph 4 of this Article.

Support for PPP operations
Article 64
1.
In the case of a PPP operation where the beneficiary is a public law body, expenditure under a PPP operation which has been incurred and paid by the private partner may
, by way of derogation from Article 65(2),
be considered as incurred and paid by a beneficiary and
eligible for support for rural development
provided that the following conditions are met:
a
the beneficiary has entered into a PPP agreement with a private partner;
b
the managing authority has verified that the expenditure declared by the beneficiary has been paid by the private partner and that the operation complies with applicable ... national law, the programme and the conditions for support of the operation.
2.
Payments to beneficiaries made in respect of expenditure
... in accordance with paragraph 1 shall be paid into an escrow account set up for that purpose in the name of the beneficiary.
3
The funds paid into the escrow account referred to in paragraph 2 shall be used for payments in accordance with the PPP agreement, including any payments to be made in the event of termination of the PPP agreement.
4
The appropriate authority may make regulations laying down the minimum requirements to be included in PPP agreements which are necessary for the application of the derogation laid down in paragraph 1 of this Article, including provisions related to termination of the PPP agreement and for the purpose of ensuring an adequate audit trail.
CHAPTER III

Eligibility of expenditure and durability

Eligibility
Article 65
1
The eligibility of expenditure shall be determined on the basis of national rules, except where specific rules are laid down in, or on the basis of, this Regulation or the Fund-specific rules.
2
Expenditure shall be eligible for a contribution from support for rural development if it has been incurred by a beneficiary and paid between the date of submission of the programme to the Commission or from 1 January 2014, whichever is earlier, and 31 December 2023. In addition, expenditure shall only be eligible for support for rural development if the relevant aid is actually paid by the paying agency between 1 January 2014 and 31 December 2023.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In the case of costs reimbursed pursuant to points (b) and (c) of the first subparagraph of Article 67(1), the actions constituting the basis for reimbursement shall be carried out between 1 January 2014 and 31 December 2023.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Operations shall not be selected for support by support for rural development where they have been physically completed or fully implemented before the application for funding under the programme is submitted by the beneficiary to the managing authority, irrespective of whether all related payments have been made by the beneficiary.
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
This paragraph shall apply to operations which generate net revenue during their implementation and to which paragraphs 1 to 6 of Article 61 do not apply.
The eligible expenditure of the operation receiving support for rural development shall be reduced by the net revenue not taken into account at the time of approval of the operation directly generated only during its implementation, not later than at the final payment claim submitted by the beneficiary. Where not all the costs are eligible for co-financing, the net revenue shall be allocated pro rata to the eligible and non-eligible parts of the cost.
This paragraph shall not apply to:
a
technical assistance;
b
financial instruments;
c
repayable assistance subject to an obligation for full repayment;
d
prizes;
e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f
operations for which public support takes the form of lump sums or standard scale unit costs provided that the net revenue has been taken into account ex ante;
g
operations implemented under a joint action plan provided that the net revenue has been taken into account ex ante;
h
operations for which amounts or rates of support are defined in Annex II to
Regulation (EU) No 1305/2013
or in the EMFF Regulation with the exception of those operations for which reference is made to this paragraph in the EMFF Regulation; or
i
operations for which the total eligible cost does not exceed EUR 100 000.
For the purposes of this Article and Article 61, any payment received by the beneficiary arising from contractual penalties as a result of a breach of contract between the beneficiary and a third party or third parties or that has occurred as a result of the withdrawal of an offer by a third party chosen under public procurement rules (the 'deposit') shall not be considered as revenue and shall not be deducted from the eligible expenditure of the operation.
9
Expenditure that becomes eligible as a result of an amendment to a programme shall only be eligible from the date of submission to the relevant authority of the request for amendment ....
The Fund-specific rules for the EMFF may derogate from the first subparagraph.
10
By way of derogation from paragraph 9, specific provisions on the starting date of eligibility may be established in Regulation (EU) No 1305/2013.
By way of derogation from paragraph 9, expenditure for operations for fostering crisis response capacities in the context of the COVID-19 outbreak shall be eligible as of 1 February 2020.
11
An operation may receive support for rural development or from one or more programmes and from CMO support or direct payment support or support under other
assimilated direct
legislation, provided that the expenditure declared is not declared more than once.

Forms of support
Article 66
Support for rural development may be provided in the form of grants, prizes, repayable assistance and financial instruments, or a combination thereof.
In the case of repayable assistance, the support repaid to the body that provided it, or to another competent authority ... , shall be kept in a separate account or separated with accounting codes and reused for the same purpose or in accordance with the objectives of the programme.

Forms of grants and repayable assistance
Article 67
1
Grants and repayable assistance may take any of the following forms:
a
reimbursement of eligible costs actually incurred and paid, together with, where applicable, contributions in kind and depreciation;
b
standard scales of unit costs;
c
lump sums;
d
flat-rate financing, determined by the application of a percentage to one or more defined categories of costs;
e
financing which is not linked to costs of the relevant operations but is based on the fulfilment of conditions related to the realisation of progress in implementation or the achievement of objectives of programmes as set out in
legislation made under
paragraph 5a.
Fund-specific rules may limit the forms of grants or repayable assistance applicable to certain operations.
For the form of financing referred to in point (e) of the first subparagraph, the audit shall exclusively aim at verifying that the conditions for reimbursement have been fulfilled.
2
By way of derogation from paragraph 1, additional forms of grants and methods of calculation may be established in the EMFF Regulation.
2a
...
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 the first subparagraph of paragraph 1.
For operations
receiving support for rural development
, where the flat rate referred to in Article 68b(1) is used, the allowances and the salaries paid to participants may be reimbursed in accordance with point (a) of the first subparagraph of paragraph 1 of this Article.
...
3
The options referred to in paragraph 1 may be combined only where each option covers different categories of costs or where they are used for different projects forming a part of an operation or for successive phases of an operation.
4
Where an operation or a project forming a part of an operation is implemented exclusively through the public procurement of works, goods or services, only points (a) and (e) of the first subparagraph of paragraph 1 shall apply. Where the public procurement within an operation or project forming part of an operation is limited to certain categories of costs, all the options referred to in paragraph 1 may be applied for the whole operation or project forming a part of an operation.
5
The amounts referred to in points (b), (c) and (d) of the first subparagraph of paragraph 1 shall be established in one of the following ways:
a
a fair, equitable and verifiable calculation method based on any of the following:
1. statistical data, other objective information or an expert judgement;
2. the verified historical data of individual beneficiaries;
3. the application of the usual cost accounting practices of individual beneficiaries;
aa
a draft budget established on a case-by-case basis and agreed
ex ante
by the managing authority, or in the case of
support for rural development
the authority responsible for the selection of operations, where the public support does not exceed
EUR 100 000
GBP 83,333
;
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
in accordance with the rules for application of corresponding scales of unit costs, lump sums and flat rates applied under schemes for grants funded entirely by the relevant authority for a similar type of operation and beneficiary;
d
rates established by this Regulation or the Fund-specific rules;
e
specific methods for determining amounts established in accordance with the Fund-specific rules.
5a
The
appropriate authority may make regulations
supplementing this Regulation with regard to the definition of the standard scales of unit costs or the flat-rate financing referred to in points (b) and (d) of the first subparagraph of paragraph 1 of this Article, the related methods referred to in point (a) of paragraph 5 of this Article and the form of support referred to in point (e) of the first subparagraph of paragraph 1 of this Article, by specifying detailed modalities concerning the financing conditions and their application.
6
The document setting out the conditions for support for each operation shall set out the method to be applied for determining the costs of the operation and the conditions for payment of the grant.

Flat-rate financing for indirect costs concerning grants and repayable assistance
Article 68
Where the implementation of an operation gives rise to indirect costs, they may be calculated at a flat rate in one of the following ways:
1. a flat rate of up to 25 % of eligible direct costs, provided that the rate is calculated on the basis of a fair, equitable and verifiable calculation method or a method applied under schemes for grants funded entirely by the
relevant authority
for a similar type of operation and beneficiary;
2. a flat rate of up to 15 % of eligible direct staff costs without there being a requirement for the
relevant authority
to perform a calculation to determine the applicable rate;
3. a flat rate applied to eligible direct costs based on existing methods and corresponding rates, applicable in
... policies for a similar type of operation and beneficiary.
The
appropriate authority may make regulations
to supplement the provisions on the flat rate and the related methods referred to in point (c) of the first subparagraph of this paragraph.

Staff costs concerning grants and repayable assistance
Article 68a
1
Direct staff costs of an operation may be calculated at a flat rate of up to 20 % of the direct costs other than the staff costs of that operation.
The relevant authority
shall not be required to perform a calculation to determine the applicable rate provided that the direct costs of the operation do not include public works contracts which exceed in value the threshold set out in
point (a) of Article 4 of Directive 2014/24/EU
the relevant threshold amount set out in Schedule 1 to the Procurement Act 2023
.
2
For the purposes of determining staff costs, an hourly rate may be calculated by dividing the latest documented annual gross employment costs by 1 720 hours for persons working full time, or by a corresponding pro-rata of 1 720 hours, for persons working part-time.
3
When applying the hourly rate calculated in accordance with paragraph 2, the total number of hours declared per person for a given year shall not exceed the number of hours used for the calculations of that hourly rate.
...
4
Where annual gross employment costs are not available, they may be derived from the available documented gross employment costs or from the contract for employment, duly adjusted for a 12-month period.
5
Staff costs related to individuals who work on part-time assignment on the operation may be calculated as a fixed percentage of the gross employment costs, in line with a fixed percentage of time worked on the operation per month, with no obligation to establish a separate working time registration system. The employer shall issue a document for employees setting out that fixed percentage.

Flat-rate financing for costs other than staff costs
Article 68b
1
A flat rate of up to 40 % of eligible direct staff costs may be used in order to cover the remaining eligible costs of an operation without a requirement for the
relevant authority
to execute any calculation to determine the applicable rate.
For operations
receiving support for rural development
salaries and allowances paid to participants shall be considered additional eligible costs not included in the flat rate.
2
The flat rate referred to in paragraph 1 shall not be applied to staff costs calculated on the basis of a flat rate.

Specific eligibility rules for grants and repayable assistance
Article 69
1
Contributions in kind in the form of provision of works, goods, services, land and real estate for which no cash payment supported by invoices, or documents of equivalent probative value, has been made, may be eligible on condition that the eligibility rules of support for rural development and the programme so provide and that all the following criteria are fulfilled:
a
the public support paid to the operation which includes contributions in kind does not exceed the total eligible expenditure, excluding contributions in kind, at the end of the operation;
b
the value attributed to contributions in kind does not exceed the costs generally accepted on the market in question;
c
the value and the delivery of the contribution can be independently assessed and verified;
d
in the case of provision of land or real estate, a cash payment, for the purposes of a lease agreement of a nominal amount per annum not exceeding one pound, may be made;
e
in the case of contributions in kind in the form of unpaid work, the value of that work is determined by taking into account the verified time spent and the rate of remuneration for equivalent work.
The value of the land or real estate referred to in point (d) of the first subparagraph of this paragraph shall be certified by an independent qualified expert or duly authorised official body and shall not exceed the limit laid down in point (b) of paragraph 3.
2
Depreciation costs may be considered as eligible where the following conditions are fulfilled:
a
the eligibility rules of the programme allow for it;
b
the amount of the expenditure is duly justified by supporting documents having equivalent probative value to invoices for eligible costs where reimbursed in the form referred to in point (a) of the first subparagraph of Article 67(1);
c
the costs relate exclusively to the period of support for the operation;
d
public grants have not contributed towards the acquisition of the depreciated assets.
3
The following costs shall not be eligible for a contribution from support for rural development ...:
a
interest on debt, except in relation to grants given in the form of an interest rate subsidy or guarantee fee subsidy;
b
the purchase of land not built on and land built on in the amount exceeding 10 % of the total eligible expenditure for the operation concerned. For derelict sites and for those formerly in industrial use which comprise buildings, that limit shall be increased to 15 %. In exceptional and duly justified cases, the limit may be raised above the respective aforementioned percentages for operations concerning environmental conservation;
c
value added tax except where it is non-recoverable under national VAT legislation.

Eligibility of operations depending on location
Article 70
1
Subject to the derogations referred to in paragraph 2 and the Fund-specific rules, operations supported by
support for rural development
shall be located in the programme area.
Operations concerning the provision of services to citizens or businesses which cover the whole territory of a
relevant authority
shall be considered as being located in all programme areas within a
constituent nation
. In such cases, expenditure shall be allocated to the concerned programme areas on a pro-rata basis, based on objective criteria.
The second subparagraph of this paragraph does not apply to the national programme referred to in Article 6(2) of Regulation (EU) No 1305/2013 or to the specific programme for the establishment and the operation of the national rural network referred to in Article 54(1) of that Regulation.
2
The managing authority may accept that an operation is implemented outside the programme area
... provided that all the following conditions are satisfied:
a
the operation is for the benefit of the programme area;
b
the total amount allocated under the programme to operations located outside the programme area does not exceed 15% of the support for rural development at the level of the priority at the time of the adoption of the programme;
c
the monitoring committee has given its agreement to the operation or types of operations concerned;
d
the obligations of the authorities for the programme in relation to management, control and audit concerning the operation are fulfilled by the authorities responsible for the programme under which that operation is supported or they enter into agreements with authorities in the area in which the operation is implemented.
Where operations
... are implemented outside the programme area in accordance with this paragraph and have benefits both outside and within the programme area, such expenditure shall be allocated to those areas on a pro rata basis based on objective criteria.
...
3
For operations concerning technical assistance or information, communication and visibility measures and promotional activities, and for operations concerning the thematic objective referred to in point (1) of the first paragraph of Article 9, expenditure may be incurred outside
the constituent nations
provided that the expenditure is necessary for the satisfactory implementation of the operation.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Durability of operations
Article 71
1
An operation comprising investment in infrastructure or productive investment shall repay the contribution from support for rural development if within five years of the final payment to the beneficiary ... it is subject to any of the following:
a
a cessation or relocation of a productive activity outside the programme area;
b
a change in ownership of an item of infrastructure which gives to a firm or a public body an undue advantage;
c
a substantial change affecting its nature, objectives or implementation conditions which would result in undermining its original objectives.
Sums unduly paid in respect of the operation shall be recovered by the relevant authority in proportion to the period for which the requirements have not been fulfilled.
The relevant authority may reduce the time limit set out in the first subparagraph to three years in cases concerning the maintenance of investments or jobs created by SMEs.
2
An operation comprising investment in infrastructure or productive investment shall repay the contribution from support for rural development if within 10 years of the final payment to the beneficiary the productive activity is subject to relocation outside the United Kingdom and its territorial sea, except where the beneficiary is an SME. ...
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Paragraphs 1, 2 and 3 of this Article shall not apply to contributions to or by financial instruments or for lease purchase under point (b) of Article 45(2) of Regulation (EU) No 1305/2013 nor to any operation which undergoes cessation of a productive activity due to a non-fraudulent bankruptcy.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TITLE VIII

MANAGEMENT AND CONTROL
CHAPTER I

Management and control systems

General principles of management and control systems
Article 72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Responsibilities under shared management
Article 73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Responsibilities of Member States
Article 74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER II

Commission powers and responsibilities

Commission powers and responsibilities
Article 75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TITLE IX

FINANCIAL MANAGEMENT, EXAMINATION AND ACCEPTANCE OF ACCOUNTS AND FINANCIAL CORRECTIONS, DECOMMITMENT
CHAPTER I

Financial management

Budget commitments
Article 76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Common rules for payments
Article 77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Common rules for calculating interim payments, and payment of the final balance
Article 78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment applications
Article 79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Use of the euro
Article 80
Amounts set out in programmes relating to support for rural development, forecasts of expenditure, payment applications, accounts and expenditure mentioned in the annual and final implementation reports shall be denominated in euros.

Payment of initial pre-financing
Article 81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Clearance of initial pre-financing
Article 82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interruption of the payment deadline
Article 83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER II

Examination and acceptance of accounts

Deadline for the examination and acceptance of accounts by the Commission
Article 84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER III

Financial corrections

Financial corrections by the Commission
Article 85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER IV

Decommitment

Principles
Article 86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exception to the decommitment
Article 87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure
Article 88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART THREE

GENERAL PROVISIONS APPLICABLE TO THE ERDF, THE ESF AND THE COHESION FUND
TITLE I

OBJECTIVES AND FINANCIAL FRAMEWORK
CHAPTER I

Mission, goals and geographical coverage of support

Mission and goals
Article 89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Investment for growth and jobs goal
Article 90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER II

Financial framework

Resources for economic, social and territorial cohesion
Article 91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Resources for the Investment for growth and jobs goal and for the European territorial cooperation goal
Article 92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

REACT-EU resources
Article 92a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Implementing arrangements for the REACT-EU resources
Article 92b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-transferability of resources between categories of regions
Article 93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-transferability of resources between goals
Article 94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additionality
Article 95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TITLE II

PROGRAMMING
CHAPTER I

General provisions on the Funds

Content, adoption and amendment of operational programmes under the Investment for growth and jobs goal
Article 96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Specific provisions on the programming of support for the joint instruments for uncapped guarantees and securitisation under the Investment for growth and jobs goal
Article 97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Joint support from the Funds under the Investment for growth and jobs goal
Article 98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Geographical scope of operational programmes under the Investment for growth and jobs goal
Article 99
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Operational programmes with support from the Cohesion Fund shall be drawn up at national level.
CHAPTER II

Major projects

Content
Article 100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information necessary for the approval of a major project
Article 101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Decision on a major project
Article 102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Decision on a major project subject to phased implementation
Article 103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER III

Joint action plan

Scope
Article 104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Preparation of joint action plans
Article 105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Content of joint action plans
Article 106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Decision on the joint action plan
Article 107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Steering committee and amendment of the joint action plan
Article 108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial management and control of the joint action plan
Article 109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TITLE III

MONITORING, EVALUATION, INFORMATION AND COMMUNICATION
CHAPTER I

Monitoring and evaluation

Functions of the monitoring committee
Article 110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Implementation reports for the Investment for growth and jobs goal
Article 111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transmission of financial data
Article 112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cohesion Report
Article 113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evaluation
Article 114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER II

Information, communication and visibility

Information, communication and visibility
Article 115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Communication strategy
Article 116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information and communication officers and their networks
Article 117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TITLE IV

TECHNICAL ASSISTANCE

Technical assistance at the initiative of the Commission
Article 118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Technical assistance of the Member States
Article 119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TITLE V

FINANCIAL SUPPORT FROM THE FUNDS

Determination of co-financing rates
Article 120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modulation of the co-financing rates
Article 121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART FOUR

GENERAL PROVISIONS APPLICABLE TO THE FUNDS AND THE EMFF
TITLE I

MANAGEMENT AND CONTROL
CHAPTER I

Management and control systems

Responsibilities of Member States
Article 122
1
Member States shall ensure that management and control systems for operational programmes are set up in accordance with Articles 72, 73 and 74.
2
Member States shall prevent, detect and correct irregularities and shall recover amounts unduly paid, together with any interest on late payments.
They shall notify the Commission of irregularities that exceed EUR 10 000 in contribution from any of the Funds or the EMFF, and
shall keep it informed of significant progress in related administrative and legal proceedings.
The Member States shall not notify the Commission of irregularities in relation to the following:
a
cases where the irregularity consists solely of the failure to execute, in whole or in part, an operation included in the co-financed operational programme owing to the bankruptcy of the beneficiary;
b
cases brought to the attention of the managing authority or certifying authority by the beneficiary voluntarily and before detection by either authority, whether before or after the payment of the public contribution;
c
cases which are detected and corrected by the managing authority or certifying authority before inclusion of the expenditure concerned in a payment application submitted to the Commission.
In all other cases, in particular those preceding a bankruptcy or in cases of suspected fraud, the detected irregularities and the associated preventive and corrective measures shall be reported to the Commission.
When amounts unduly paid to a beneficiary for an operation cannot be recovered and this is as a result of fault or negligence on the part of a Member State, that Member State shall be responsible for reimbursing the amounts concerned to the budget of the Union. Member States may decide not to recover an amount unduly paid if the amount to be recovered from the beneficiary, not including interest, does not exceed EUR 250 in contribution from the Funds to an operation in an accounting year.
The Commission shall be empowered to adopt delegated acts in accordance with Article 149 laying down additional detailed rules on the criteria for determining the cases of irregularity to be reported, the data to be provided and on the conditions and procedures to be applied to determine whether amounts which are irrecoverable shall be reimbursed by Member States.
The Commission shall adopt implementing acts setting out the frequency of the reporting of irregularities and the reporting format to be used. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 150(2).
3
Member States shall ensure that no later than 31 December 2015, all exchanges of information between beneficiaries and a managing authority, a certifying authority, an audit authority and intermediate bodies can be carried out by means of electronic data exchange systems.
The systems referred to in the first subparagraph shall facilitate interoperability with national and Union frameworks and allow for the beneficiaries to submit all information referred to in the first subparagraph only once.
The Commission shall adopt implementing acts laying down detailed rules concerning the exchanges of information under this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 150(3).
4
Paragraph 3 shall not apply to the EMFF.
CHAPTER II

Management and control authorities

Designation of authorities
Article 123
1
Each Member State shall designate, for each operational programme, a national, regional or local public authority or body or a private body as managing authority. The same managing authority may be designated for more than one operational programme.
2
The Member State shall designate, for each operational programme, a national, regional or local public authority or body as a certifying authority, without prejudice to paragraph 3. The same certifying authority may be designated for more than one operational programme.
3
The Member State may designate for an operational programme a managing authority, which is a public authority or body, to carry out, in addition, the functions of the certifying authority.
4
The Member State shall designate, for each operational programme, a national, regional or local public authority or body, functionally independent from the managing authority and the certifying authority, as audit authority. The same audit authority may be designated for more than one operational programme.
5
In the case of the Funds and in the case of the EMFF, provided that the principle of separation of functions is respected, the managing authority, the certifying authority, where applicable, and the audit authority may be part of the same public authority or body.
Where the total amount of support from the Funds to an operational programme exceeds EUR 250 000 000 or from the EMFF exceeds EUR 100 000 000, the audit authority may be part of the same public authority or body as the managing authority either if, pursuant to the applicable provisions for the previous programming period, the Commission has informed the Member State prior to the date of adoption of the operational programme concerned of its conclusion that it can rely principally on its audit opinion, or if the Commission is satisfied on the basis of the experience of the previous programming period that the institutional organisation and accountability of the audit authority provide adequate guarantees of its functional independence and reliability.
6
The Member State may designate one or more intermediate bodies to carry out certain tasks of the managing or the certifying authority under the responsibility of that authority. The relevant arrangements between the managing authority or certifying authority and the intermediate bodies shall be formally recorded in writing.
7
The Member State or the managing authority may entrust the management of part of an operational programme to an intermediate body by way of an agreement in writing between the intermediate body and the Member State or managing authority (a 'global grant'). The intermediate body shall provide guarantees of its solvency and competence in the domain concerned, as well as of its administrative and financial management capacity.
8
The Member State may, at its own initiative, designate a coordinating body whose responsibility shall be to liaise with and provide information to the Commission, to coordinate activities of the other relevant designated bodies and to promote the harmonised application of applicable law.
9
The Member State shall lay down in writing rules governing its relationship with the managing authorities, certifying authorities and audit authorities, the relations between such authorities, and the relationship of such authorities with the Commission.

Procedure for the designation of the managing authority and the certifying authority
Article 124
1
The Member State shall notify the Commission of the date and form of the designations, which shall be carried out at an appropriate level, of the managing authority and, where appropriate, of the certifying authority prior to the submission of the first application for interim payment to the Commission.
2
The designations referred to in paragraph 1 shall be based on a report and an opinion of an independent audit body that assesses the fulfilment by the authorities of the criteria relating to the internal control environment, risk management, management and control activities, and monitoring set out in Annex XIII. The independent audit body shall be the audit authority, or another public or private law body with the necessary audit capacity, which is independent of the managing authority and, where applicable, of the certifying authority, and which shall carry out its work taking account of internationally accepted audit standards. Where the independent audit body concludes that the part of the management and control system, concerning the managing authority or the certifying authority, is essentially the same as for the previous programming period, and that there is evidence, on the basis of audit work done in accordance with the relevant provisions of Regulation (EC) No 1083/2006 and Council Regulation (EC) No 1198/2006
, of their effective functioning during that period, it may conclude that the relevant criteria are fulfilled without carrying out additional audit work.
3
Where the total amount of support from the Funds to an operational programme exceeds EUR 250 000 000 or from the EMFF exceeds EUR 100 000 000, the Commission may request, within one month of notification of the designations referred to in paragraph 1, the report and the opinion of the independent audit body referred to in paragraph 2 and the description of the functions and procedures in place for the managing authority or, where appropriate, the certifying authority. The Commission shall decide whether to request those documents on the basis of its risk assessment, taking into account information on significant changes in the functions and procedures of the managing authority or, where appropriate, the certifying authority compared to those in place for the previous programming period, and relevant evidence of their effective functioning.
The Commission may make observations within two months of receipt of the documents referred to in the first subparagraph. Without prejudice to Article 83, the examination of those documents shall not interrupt the treatment of applications for interim payments.
4
Where the total amount of support from the Funds to an operational programme exceeds EUR 250 000 000 or from the EMFF exceeds EUR 100 000 000 and there are significant changes in the functions and procedures of the managing authority or, where appropriate, of the certifying authority compared to those in place for the previous programming period, the Member State may, at its own initiative, submit to the Commission, within two months of the notification of the designations referred to in paragraph 1, the documents referred to in paragraph 3. The Commission shall make observations on those documents within three months of their receipt.
5
Where existing audit and control results show that the designated authority no longer fulfils the criteria referred to in paragraph 2, the Member State shall, at an appropriate level, fix, according to the severity of the problem, a period of probation, during which the necessary remedial action shall be taken.
Where the designated authority fails to implement the required remedial action within the period of probation determined by the Member State, the Member State, at an appropriate level, shall end its designation.
The Member State shall notify the Commission without delay when a designated authority is put under probation, providing information on the respective period of probation, when, following implementation of remedial actions, the probation is ended, as well as when the designation of an authority is ended. The notification that a designated body is put on probation by the Member State, without prejudice to the application of Article 83, shall not interrupt the treatment of applications for interim payments.
6
Where the designation of a managing authority or a certifying authority is ended, Member States shall designate, in accordance with the procedure provided for in paragraph 2, a new body, to take over the functions of the managing authority or of the certifying authority, and shall notify the Commission thereof.
7
The Commission shall, in order to ensure uniform conditions for the implementation of this Article, adopt implementing acts concerning the model for the report and opinion of the independent audit body and the description of the functions and procedures in place for the managing authority and, where appropriate, the certifying authority. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 150(3).

Functions of the managing authority
Article 125
1
The managing authority shall be responsible for managing the operational programme in accordance with the principle of sound financial management.
2
As regards the management of the operational programme, the managing authority shall:
a
support the work of the monitoring committee referred to in Article 47 and provide it with the information it requires to carry out its tasks, in particular data relating to the progress of the operational programme in achieving its objectives, financial data and data relating to indicators and milestones;
b
draw up and, after approval by the monitoring committee, submit to the Commission annual and final implementation reports referred to in Article 50;
c
make available to intermediate bodies and beneficiaries information that is relevant to the execution of their tasks and the implementation of operations respectively;
d
establish a system to record and store in computerised form data on each operation necessary for monitoring, evaluation, financial management, verification and audit, including data on individual participants in operations, where applicable;
e
ensure that the data referred to in point (d) is collected, entered and stored in the system referred to in point (d), and that data on indicators is broken down by gender where required by Annexes I and II of the ESF Regulation.
3
As regards the selection of operations, the managing authority shall:
a
draw up and, once approved, apply appropriate selection procedures and criteria that:
1. ensure the contribution of operations to the achievement of the specific objectives and results of the relevant priority;
2. are non-discriminatory and transparent;
3. take into account the general principles set out in Articles 7 and 8;
b
ensure that a selected operation falls within the scope of the EMFF, the Fund or Funds concerned and can be attributed to a category of intervention or, in the case of the EMFF, a measure identified in the priority or priorities of the operational programme;
c
ensure that the beneficiary is provided with a document setting out the conditions for support for each operation including the specific requirements concerning the products or services to be delivered under the operation, the financing plan, the time limit for execution, as well as the requirements regarding information, communication and visibility;
d
satisfy itself that the beneficiary has the administrative, financial and operational capacity to fulfil the conditions referred to in point (c) before approval of the operation;
e
satisfy itself that, where the operation has started before the submission of an application for funding to the managing authority, applicable law relevant for the operation has been complied with;
f
ensure that operations selected for support from the Funds or the EMFF do not include activities which were part of an operation which has been or should have been subject to a procedure of recovery in accordance with Article 71 following the relocation of a productive activity outside the programme area;
g
determine the categories of intervention or, in the case of the EMFF, the measures to which the expenditure of an operation shall be attributed.
4
As regards the financial management and control of the operational programme, the managing authority shall:
a
verify that the co-financed products and services have been delivered, that the operation complies with applicable law, the operational programme and the conditions for support of the operation and:
1. where costs are to be reimbursed pursuant to point (a) of the first subparagraph of Article 67(1), that the amount of expenditure declared by the beneficiaries in relation to those costs has been paid;
2. in the case of costs reimbursed pursuant to points (b) to (e) of the first subparagraph of Article 67(1), that the conditions for reimbursement of expenditure to the beneficiary have been met;
b
ensure that beneficiaries involved in the implementation of operations reimbursed on the basis of eligible costs actually incurred maintain either a separate accounting system or an adequate accounting code for all transactions relating to an operation;
c
put in place effective and proportionate anti-fraud measures taking into account the risks identified;
d
set up procedures to ensure that all documents regarding expenditure and audits required to ensure an adequate audit trail are held in accordance with the requirements of point (g) of Article 72;
e
draw up the management declaration and annual summary referred to in
points (a) and (b) of Article 63(5) and Article 63(6) and (7) of the Financial Regulation
.
By way of derogation from point (a) of the first subparagraph, the ETC Regulation may establish specific rules on verification applicable to cooperation programmes.
5
Verifications pursuant to point (a) of the first subparagraph of paragraph 4 shall include the following procedures:
a
administrative verifications in respect of each application for reimbursement by beneficiaries;
b
on-the-spot verifications of operations.
The frequency and coverage of the on-the-spot verifications shall be proportionate to the amount of public support to an operation and to the level of risk identified by such verifications and audits by the audit authority for the management and control system as a whole.
6
On-the-spot verifications of individual operations pursuant to point (b) of the first subparagraph of paragraph 5 may be carried out on a sample basis.
7
Where the managing authority is also a beneficiary under the operational programme, arrangements for the verifications referred to in point (a) of the first subparagraph of paragraph 4 shall ensure adequate separation of functions.
8
The Commission shall be empowered to adopt delegated acts, in accordance with Article 149, laying down rules specifying the information in relation to the data to be recorded and stored in computerised form within the monitoring system established under point (d) of paragraph 2 of this Article.
The Commission shall adopt implementing acts laying down the technical specifications of the system established under point (d) of paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 150(3).
9
The Commission shall be empowered to adopt delegated acts, in accordance with Article 149, laying down the detailed minimum requirements for the audit trail referred to in point (d) of the first subparagraph of paragraph 4 of this Article in respect of the accounting records to be maintained and the supporting documents to be held at the level of the certifying authority, managing authority, intermediate bodies and beneficiaries.
10
The Commission shall, in order to ensure uniform conditions on the implementation of this Article, adopt implementing acts concerning the model for the management declaration referred to in point (e) of the first subparagraph of paragraph 4 of this Article. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 150(2).

Functions of the certifying authority
Article 126
The certifying authority of an operational programme shall be responsible in particular for:
1. drawing up and submitting payment applications to the Commission, and certifying that they result from reliable accounting systems, are based on verifiable supporting documents and have been subject to verifications by the managing authority;
2. drawing up the accounts referred to in
point (a) of Article 63(5) and Article 63(6) of the Financial Regulation
;
3. certifying the completeness, accuracy and veracity of the accounts and that the expenditure entered in the accounts complies with applicable law and has been incurred in respect of operations selected for funding in accordance with the criteria applicable to the operational programme and complying with applicable law;
4. ensuring that there is a system which records and stores, in computerised form, accounting records for each operation, and which supports all the data required for drawing up payment applications and accounts, including records of amounts recoverable, amounts recovered and amounts withdrawn following cancellation of all or part of the contribution for an operation or operational programme;
5. ensuring, for the purposes of drawing up and submitting payment applications, that it has received adequate information from the managing authority on the procedures and verifications carried out in relation to expenditure;
6. taking account when drawing up and submitting payment applications of the results of all audits carried out by, or under the responsibility of, the audit authority;
7. maintaining, in a computerised form, accounting records of expenditure declared to the Commission and of the corresponding public contribution paid to beneficiaries;
8. keeping an account of amounts recoverable and of amounts withdrawn following cancellation of all or part of the contribution for an operation.
Amounts recovered shall be repaid to the budget of the Union prior to the closure of the operational programme by deducting them from the subsequent payment application.

Functions of the audit authority
Article 127
1
The audit authority shall ensure that audits are carried out on the proper functioning of the management and control system of the operational programme and on an appropriate sample of operations on the basis of the declared expenditure. The declared expenditure shall be audited based on a representative sample and, as a general rule, on statistical sampling methods.
A non- statistical sampling method may be used on the professional judgement of the audit authority, in duly justified cases, in accordance with internationally accepted audit standards and in any case where the number of operations
for an accounting year
is insufficient to allow the use of a statistical method.
In such cases, the size of the sample shall be sufficient to enable the audit authority to draw up a valid audit opinion in accordance with
Article 63(7) of the Financial Regulation
.
The non-statistical sample method shall cover a minimum of 5 % of operations for which expenditure has been declared to the Commission
during an accounting year
and 10 % of the expenditure which has been declared to the Commission
during an accounting year
.
2
Where audits are carried out by a body other than the audit authority, the audit authority shall ensure that any such body has the necessary functional independence.
3
The audit authority shall ensure that audit work takes account of internationally accepted audit standards.
4
The audit authority shall, within eight months of adoption of an operational programme, prepare an audit strategy for performance of audits. The audit strategy shall set out the audit methodology, the sampling method for audits on operations and the planning of audits in relation to the current accounting year and the two subsequent accounting years. The audit strategy shall be updated annually from 2016 until and including 2024. Where a common management and control system applies to more than one operational programme, a single audit strategy may be prepared for the operational programmes concerned. The audit authority shall submit the audit strategy to the Commission upon request.
5
The audit authority shall draw up:
a
an audit opinion in accordance with
Article 63(7) of the Financial Regulation
;
b
a control report setting out the main findings of the audits carried out in accordance with paragraph 1, including findings with regard to deficiencies found in the management and control systems, and the proposed and implemented corrective actions.
Where a common management and control system applies to more than one operational programme, the information required under point (b) of the first subparagraph may be grouped in a single report.
6
The Commission shall, in order to ensure uniform conditions for the implementation of this Article, adopt implementing acts laying down models for the audit strategy, the audit opinion and the control report. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 150(2).
7
The Commission shall be empowered to adopt delegated acts, in accordance with Article 149, to set out the scope and content of audits of operations and audits of the accounts and the methodology for the selection of the sample of operations referred to in paragraph 1 of this Article.
8
The Commission shall be empowered to adopt delegated acts, in accordance with Article 149, laying down detailed rules on the use of data collected during audits carried out by Commission officials or authorised Commission representatives.
CHAPTER III

Cooperation with audit authorities

Cooperation with audit authorities
Article 128
1
The Commission shall cooperate with audit authorities to coordinate their audit plans and methods and shall immediately exchange with those authorities the results of audits carried out on management and control systems.
2
To facilitate this cooperation in cases where a Member State designates more than one audit authority, the Member State may designate a coordination body.
3
The Commission, the audit authorities and any coordination body shall meet on a regular basis and, as a general rule, at least once a year, unless otherwise agreed, to examine the annual control report, the audit opinion and the audit strategy, and to exchange views on issues relating to improvement of the management and control systems.
TITLE II

FINANCIAL MANAGEMENT, PREPARATION, EXAMINATION AND ACCEPTANCE OF ACCOUNTS AND FINANCIAL CORRECTIONS
CHAPTER I

Financial management

Common rules for payments
Article 129
The Member State shall ensure that by the closure of the operational programme,
the amount of public expenditure paid to beneficiaries is at least equal to the contribution from the Funds and the EMFF paid by the Commission to the Member State.

Common rules for calculating interim payments and payment of the final balance
Article 130
1
The Commission shall reimburse as interim payments 90 % of the amount resulting from applying the co-financing rate for each priority, laid down in the decision adopting the operational programme, to the eligible expenditure for the priority included in the payment application. The Commission shall determine the remaining amounts to be reimbursed as interim payments or to be recovered in accordance with Article 139.
2
The contribution from the Funds or the EMFF to a priority through the interim payments and payment of the final balance shall not be higher than:
a
the eligible public expenditure indicated in the payment applications for the priority; or
b
the contribution from the Funds or the EMFF for the priority laid down in the decision of the Commission approving the operational programme,
whichever is the lower.
3
By way of derogation from paragraph 2, the contribution from the Funds or the EMFF through payments of the final balance for each priority per Fund and per category of regions in the final accounting year shall not exceed, by more than 10 %, the contribution from the Funds or the EMFF for each priority per Fund and per category of regions as laid down in the decision of the Commission approving the operational programme.
The contribution from the Funds or the EMFF through payments of the final balance in the final accounting year shall not exceed the eligible public expenditure declared or the contribution from each Fund and category of regions to each operational programme as laid down in the decision of the Commission approving the operational programme, whichever is the lower.

Payment applications
Article 131
1
Payment applications shall include, for each priority:
a
the total amount of eligible expenditure incurred by beneficiaries and paid in implementing operations, as entered in the accounting system of the certifying authority;
b
the total amount of public expenditure incurred in implementing operations, as entered in the accounting system of the certifying authority.
With regard to the amounts to be included in payment applications for the form of support referred to in point (e) of the first subparagraph of Article 67(1), the payment applications shall include the elements set out in the delegated acts adopted in accordance with Article 67(5a) and shall use the model for payment applications set out in the implementing acts adopted in accordance with paragraph 6 of this Article.
2
Eligible expenditure included in a payment application shall be supported by receipted invoices or accounting documents of equivalent probative value, except for the forms of support referred to in points (b) to (e) of the first subparagraph of Article 67(1) of this Regulation, Articles 68, 68a and 68b of this Regulation, Article 69(1) of this Regulation and Article 109 of this Regulation and in Article 14 of the ESF Regulation. For those forms of support, the amounts included in a payment application shall be the costs calculated on the applicable basis.
3
In the case of State aid, the public contribution corresponding to the expenditure included in a payment application shall have been paid to the beneficiaries by the body granting the aid or, where Member States have decided that the beneficiary is the body granting the aid pursuant to point (10)(a) of Article 2, paid by the beneficiary to the body receiving the aid.
4
By way of derogation from paragraph 1 of this Article, in the case of State aid, the payment application may include advances paid to the beneficiary by the body granting the aid or, where Member States have decided that the beneficiary is the body granting the aid pursuant to point (10)(a) of Article 2, paid by the beneficiary to the body receiving the aid, under the following cumulative conditions:
a
those advances are subject to a guarantee provided by a bank or other financial institution established in the Member State or are covered by a facility provided as a guarantee by a public entity or by the Member State;
b
those advances do not exceed 40 % of the total amount of the aid to be granted to a beneficiary for a given operation or, where Member States have decided that the beneficiary is the body granting the aid pursuant to point (10)(a) of Article 2, of the total amount of the aid to be granted to the body receiving the aid as part of a given operation;
c
those advances are covered by expenditure paid by the beneficiary or, where Member States have decided that the beneficiary is the body granting the aid pursuant to point (10)(a) of Article 2, expenditure paid by the body receiving the aid in implementing the operation, and supported by receipted invoices or accounting documents of equivalent probative value within three years of the year of the payment of the advance or on 31 December 2023, whichever is earlier.
Where the conditions set out in point (c) of the first subparagraph are not met, the next payment application shall be corrected accordingly.
5
Each payment application which includes advances of the type referred to in paragraph 4 of this Article shall separately disclose:
a
the total amount paid from the operational programme as advances;
b
the amount which, within three years of the payment of the advance in accordance with point (c) of the first subparagraph of paragraph 4, has been covered by expenditure paid by the beneficiary or, where Member States have decided that the beneficiary is the body granting the aid pursuant to point (10)(a) of Article 2, by the body receiving the aid; and
c
the amount which has not been covered by expenditure paid by the beneficiary or, where Member States have decided that the beneficiary is the body granting the aid pursuant to point (10)(a) of Article 2, by the body receiving the aid, and for which the three year period has not yet elapsed.
6
The Commission shall, in order to ensure uniform conditions for the implementation of this Article, adopt implementing acts laying down the model for payment applications. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 150(3).

Payment to beneficiaries
Article 132
1
Subject to the availability of funding from initial and annual pre-financing and interim payments, the managing authority shall ensure that a beneficiary receives the total amount of eligible
public
expenditure due in full and no later than 90 days from the date of submission of the payment claim by the beneficiary.
No amount shall be deducted or withheld and no specific charge or other charge with equivalent effect shall be levied that would reduce amounts due to beneficiaries.
2
The payment deadline referred to in paragraph 1 may be interrupted by the managing authority in either of the following duly justified cases:
a
the amount of the payment claim is not due or the appropriate supporting documents, including the documents necessary for management verifications under point (a) of the first subparagraph of Article 125(4), have not been provided;
b
an investigation has been initiated in relation to a possible irregularity affecting the expenditure concerned.
The beneficiary concerned shall be informed in writing of the interruption and the reasons for it.

Use of the euro
Article 133
1
Member States which have not adopted the euro as their currency on the date of an application for payment shall convert the amounts of expenditure incurred in national currency into euro. Those amounts shall be converted into euro using the monthly accounting exchange rate of the Commission in the month during which the expenditure was registered in the accounts of the certifying authority of the operational programme concerned. The exchange rate shall be published electronically by the Commission each month.
2
By way of derogation from paragraph 1, the ETC Regulation may establish specific rules on the timing for conversion into euro.
3
When the euro becomes the currency of a Member State, the conversion procedure set out in paragraph 1 shall continue to apply to all expenditure recorded in the accounts by the certifying authority before the date of entry into force of the fixed conversion rate between the national currency and the euro.

Payment of pre-financing
Article 134
1
The initial pre-financing amount shall be paid in instalments as follows:
a
in 2014: 1 % of the amount of support from the Funds and the EMFF for the entire programming period to the operational programme or 1,5 % of the amount of support from the Funds and the EMFF for the entire programming period to the operational programme when a Member State has been receiving financial assistance since 2010, in accordance with Articles 122 and 143 TFEU, or from the European Financial Stability Facility (EFSF), or is receiving financial assistance on 31 December 2013 in accordance with Articles 136 and 143 TFEU;
b
in 2015: 1 % of the amount of support from the Funds and the EMFF for the entire programming period to the operational programme or 1,5 % of the amount of support from the Funds and the EMFF for the entire programming period to the operational programme when a Member State has been receiving financial assistance since 2010, in accordance with Articles 122 and 143 TFEU, or from the EFSF, or is receiving financial assistance on 31 December 2014 in accordance with Articles 136 and 143 TFEU;
c
in 2016: 1 % of the amount of support from the Funds and the EMFF for the entire programming period to the operational programme.
If an operational programme is adopted in 2015 or later, the earlier instalments shall be paid in the year of adoption.
1a
In addition to the instalments provided for in points (b) and (c) of paragraph 1, an additional initial pre-financing amount of 3,5 % of the amount of support from the Funds and the EMFF for the entire programming period shall be paid to operational programmes in Greece each year in 2015 and 2016.
The additional initial pre-financing shall not apply to programmes under the European territorial cooperation goal nor to the specific allocation for the Youth Employment Initiative.
If, by 31 December 2016, the total amount of the additional initial pre-financing paid on the basis of this paragraph in 2015 and 2016 to an operational programme by Fund, where applicable, is not covered by payment applications submitted by the certifying authority for that programme, Greece shall repay to the Commission the total amount of the additional initial pre-financing for that Fund paid to that programme. Those repayments shall not constitute a financial correction and shall not reduce support from the Funds or the EMFF to the operational programmes. The amounts repaid shall constitute internal assigned revenue in accordance with point (c) of Article 21(3) of the Financial Regulation.
2
An annual pre-financing amount shall be paid before 1 July in the years 2016 to 2023. It shall be a percentage of the amount of the support from the Funds and the EMFF for the whole programming period to the operational programme as follows:
- 2016: 2 %
- 2017: 2,625 %
- 2018: 2,75 %
- 2019: 2,875 %
- 2020: 3 %
- 2021 to 2023: 2 %.
3
When calculating the amount of initial pre-financing referred to in paragraph 1, the amount of support for the entire programming period shall exclude the amounts from the performance reserve which were initially allocated to the operational programme.
When calculating the amount of annual pre-financing referred to in paragraph 2 up to and including 2020, the amount of support for the entire programming period shall exclude the amounts from the performance reserve which were initially allocated to the operational programme.

Deadlines for presentation of interim payment applications and for their payment
Article 135
1
The certifying authority shall submit on a regular basis an application for interim payment in accordance with Article 131(1) covering amounts entered in its accounting system in the accounting year. However, the certifying authority, where it considers it to be necessary, may include such amounts in payment applications submitted in subsequent accounting years.
2
The certifying authority shall submit the final application for an interim payment by 31 July following the end of the previous accounting year and, in any event, before the first application for interim payment for the next accounting year.
3
The first application for interim payment shall not be made before the notification to the Commission of the designation of the managing authorities and certifying authorities in accordance with Article 124.
4
Interim payments shall not be made for an operational programme unless the annual implementation report has been sent to the Commission in accordance with the Fund-specific rules.
5
Subject to available funding, the Commission shall make the interim payment no later than 60 days after the date on which a payment application is registered with the Commission.

Decommitment
Article 136
1
The Commission shall decommit any part of the amount in an operational programme that has not been used for payment of the initial and annual pre-financing and interim payments by 31 December of the third financial year following the year of budget commitment under the operational programme or for which a payment application drawn up in accordance with Article 131 has not been submitted in accordance with Article 135.
2
That part of commitments still open on 31 December 2023 shall be decommitted if any of the documents required under Article 141(1) has not been submitted to the Commission by the deadline set out in Article 141(1).
CHAPTER II

Preparation, examination and acceptance of accounts and closure of operational programmes and suspension of payments
Section I

Preparation, examination and acceptance of accounts

Preparation of the accounts
Article 137
1
The accounts referred to in
point (a) of Article 63(5) and Article 63(6) of the Financial Regulation
shall be submitted to the Commission for each operational programme. The accounts shall cover the accounting year and shall include at the level of each priority and, where applicable, fund and category of regions:
a
the total amount of eligible expenditure entered into the accounting systems of the certifying authority which has been included in payment applications submitted to the Commission in accordance with Article 131 and Article 135(2) by 31 July following the end of the accounting year, the total amount of the corresponding public expenditure incurred in implementing operations, and the total amount of corresponding payments made to beneficiaries under Article 132(1);
b
the amounts withdrawn and recovered during the accounting year, the amounts to be recovered as at the end of the accounting year, the recoveries effected pursuant to Article 71, and the irrecoverable amounts;
c
the amounts of programme contributions paid to financial instruments under Article 41(1) and advances of State aid under Article 131(4);
d
for each priority, a reconciliation between the expenditure stated pursuant to point (a) and the expenditure declared in respect of the same accounting year in payment applications, accompanied by an explanation of any differences.
2
Where expenditure previously included in an application for interim payment for the accounting year is excluded by a Member State from its accounts due to an ongoing assessment of that expenditure's legality and regularity, any or all of that expenditure subsequently found to be legal and regular may be included in an application for interim payment relating to subsequent accounting years.
3
The Commission shall, in order to lay down uniform conditions for the implementation of this Article, adopt implementing acts setting out the model for the accounts referred to in this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 150(3).

Submission of information
Article 138
For each year from 2016 until and including 2025, Member States shall submit, by the deadline set out in
Article 63(5), and the second subparagraph of Article 63(7), of the Financial Regulation
, the documents referred to in that Article namely:
1. the accounts, referred to in Article 137(1) of this Regulation, for the preceding accounting year;
2. the management declaration and the annual summary referred to in point (e) of the first subparagraph of Article 125(4) of this Regulation, for the preceding accounting year;
3. the audit opinion and the control report referred to in points (a) and (b) of the first subparagraph of Article 127(5) of this Regulation, for the preceding accounting year.

Examination and acceptance of accounts
Article 139
1
The Commission shall carry out an examination of the documents submitted by the Member State under Article 138. Upon request by the Commission, the Member State shall provide all necessary additional information to enable the Commission to determine whether the accounts are complete, accurate and true, by the deadline set out in Article 84.
2
The Commission shall accept the accounts where it is able to conclude that the accounts are complete, accurate and true. The Commission shall reach such a conclusion where the audit authority has provided an unqualified audit opinion regarding the completeness, accuracy and veracity of the accounts unless the Commission has specific evidence that the audit opinion on the accounts is unreliable.
3
The Commission shall inform the Member State by the deadline set out in Article 84 as to whether it is able to accept the accounts.
4
If, for reasons attributable to Member State, the Commission is unable to accept the accounts by the deadline set out in Article 84, the Commission shall notify the Member States specifying the reasons in accordance with paragraph 2 of this Article and the actions which are required to be undertaken and the time period for their completion. At the end of the time period for the completion of those actions the Commission shall inform the Member State as to whether it is able to accept the accounts.
5
Issues related to legality and regularity of the underlying transactions concerning expenditure entered in the accounts shall not be taken into account for the purposes of acceptance of the accounts by the Commission. The procedure for examination and acceptance of the accounts shall not interrupt the treatment of applications for interim payments and shall not lead to suspension of payments, without prejudice to Articles 83 and 142.
6
On the basis of the accepted accounts, the Commission shall calculate the amount chargeable to the Funds and to the EMFF for the accounting year and the consequent adjustments in relation to the payments to the Member State. The Commission shall take into account:
a
the amounts in the accounts referred to in point (a) of Article 137(1) and to which the co-financing rate for each priority is to be applied;
b
the total amount of payments made by the Commission during that accounting year, consisting of:
1. the amount of interim payments paid by the Commission in accordance with Article 130(1) and Article 24; and
2. the amount of the annual pre-financing paid under Article 134(2).
7
After the calculation carried out under paragraph 6, the Commission shall clear the respective annual pre-financing and pay any additional amount due within 30 days of the acceptance of the accounts. Where there is an amount recoverable from the Member State, it shall be subject to a recovery order issued by the Commission which shall be executed, where possible, by offsetting against amounts due to the Member State under subsequent payments to the same operational programme.
Such recovery shall not constitute a financial correction and shall not reduce support from the Funds and the EMFF to the operational programme.
The amount recovered shall constitute assigned revenue in accordance with Article 177(3) of the Financial Regulation.
By way of derogation from the first subparagraph, the Commission shall not issue a recovery order for amounts recoverable from the Member State for the accounts submitted in 2020. Amounts not recovered shall be used to accelerate investments related to the COVID-19 outbreak and eligible under this Regulation and Fund-specific rules.
The amounts not recovered shall be cleared or recovered at closure.
8
Where, after applying the procedure set out in paragraph 4, the Commission is unable to accept the accounts, the Commission shall determine, on the basis of the available information and in accordance with paragraph 6,
the amount chargeable to the Funds and the EMFF for the accounting year, and shall inform the Member State. Where the Member State notifies the Commission of its agreement within two months of the transmission by the Commission of the information, paragraph 7 shall apply. In the absence of such agreement, the Commission shall adopt a decision, by means of implementing acts, setting out the amount chargeable to the Funds and the EMFF for the accounting year. Such decision shall not constitute a financial correction and shall not reduce support from the Funds and the EMFF to the operational programme
. On the basis of the decision, the Commission shall apply the adjustments to the payments to the Member State in accordance with paragraph 7.
9
The acceptance of the accounts by the Commission, or a decision by the Commission under paragraph 8 of this Article, shall be without prejudice to the application of corrections under Articles 144 and 145.
10
Member States may replace irregular amounts which are detected after the submission of the accounts by making the corresponding adjustments in the accounts for the accounting year in which the irregularity is detected, without prejudice to Articles 144 and 145.

Availability of documents
Article 140
1
Without prejudice to the rules governing State aid,
the managing authority shall ensure that all supporting documents regarding expenditure supported by the Funds and the EMFF on operations
for which the total eligible expenditure is less than EUR 1 000 000, are made available to the Commission and the European Court of Auditors upon request for a period of three years from 31 December following the submission of the accounts in which the expenditure of the operation is included.
In the case of operations other than those referred to in the first subparagraph, all supporting documents shall be made available for a two year period from 31 December following the submission of the accounts in which the final expenditure of the completed operation is included.
A managing authority may decide to apply to operations for which the total eligible expenditure is less than EUR 1 000 000 the rule referred to in the second subparagraph.
The time period referred to in the first or second subparagraph shall be interrupted either in the case of legal proceedings or by a duly justified request of the Commission.
2
The managing authority shall inform beneficiaries of the start date of the period referred to in paragraph 1.
3
The documents shall be kept either in the form of the originals, or certified true copies of the originals, or on commonly accepted data carriers including electronic versions of original documents or documents existing in electronic version only.
Where documents are kept on commonly accepted data carriers in accordance with the procedure laid down in paragraph 5, no originals shall be required.
4
The documents shall be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data were collected or for which they are further processed.
5
The procedure for certification of conformity of documents held on commonly accepted data carriers with the original document shall be laid down by the national authorities and shall ensure that the versions held comply with national legal requirements and can be relied on for audit purposes.
6
Where documents exist in electronic form only, the computer systems used shall meet accepted security standards that ensure that the documents held comply with national legal requirements and can be relied on for audit purposes.
Section II

Closure of operational programmes

Submission of closure documents and payment of the final balance
Article 141
1
In addition to the documents referred to in Article 138, for the final accounting year from 1 July 2023 to 30 June 2024, Member States shall submit a final implementation report for the operational programme or the last annual implementation report for the operational programme supported by the EMFF.
2
The final balance shall be paid no later than three months after the date of acceptance of accounts of the final accounting year or one month after the date of acceptance of the final implementation report, whichever date is later.
Section III

Suspension of payments

Suspension of payments
Article 142
1
All or part of the interim payments at the level of priorities or operational programmes may be suspended by the Commission if one or more of the following conditions are met:
a
there is a serious deficiency in the effective functioning of the management and control system of the operational programme, which has put at risk the Union contribution to the operational programme and for which corrective measures have not been taken;
b
expenditure in a payment application is linked to an irregularity having serious financial consequences which has not been corrected;
c
the Member State has failed to take the necessary action to remedy the situation giving rise to an interruption under Article 83;
d
there is a serious deficiency in the quality and reliability of the monitoring system or of the data on common and specific indicators;
e
there is a failure to complete actions to fulfil an ex ante conditionality subject to the conditions set out in Article 19;
f
there is evidence resulting from the performance review for a priority that there has been a serious failure in achieving that priority's milestones relating to financial and output indicators and key implementation steps set out in the performance framework subject to the conditions set out in Article 22.
The Fund-specific rules for the EMFF may lay down specific bases for suspension of payments linked to non-compliance with rules applicable under the Common Fisheries Policy, which shall be proportionate, having regard to the nature, gravity, duration and recurrence of the non-compliance.
2
The Commission may decide, by means of implementing acts, to suspend all or part of interim payments, after having given the Member State the opportunity to present its observations.
3
The Commission shall end suspension of all or part of interim payments where the Member State has taken the necessary measures to enable the suspension to be lifted.
CHAPTER III

Financial corrections
Section I

Financial corrections by Member States

Financial corrections by Member States
Article 143
1
The Member States shall in the first instance be responsible for investigating irregularities and for making the financial corrections required and pursuing recoveries. In the case of a systemic irregularity, the Member State shall extend its investigation to cover all operations potentially affected.
2
Member States shall make the financial corrections required in connection with individual or systemic irregularities detected in operations or operational programmes. Financial corrections shall consist of cancelling all or part of the public contribution to an operation or operational programme. The Member States shall take into account the nature and gravity of the irregularities and the financial loss to the Funds or the EMFF and shall apply a proportionate correction.
Financial corrections shall be recorded in the accounts for the accounting year in which the cancellation is decided.
3
The contribution from the Funds or the EMFF cancelled in accordance with paragraph 2 may be reused by the Member State within the operational programme concerned, subject to paragraph 4.
4
The contribution cancelled in accordance with paragraph 2 may not be reused for any operation that was the subject of the correction or, where a financial correction is made for a systemic irregularity, for any operation affected by the systemic irregularity.
5
The Fund-specific rules for the EMFF may lay down specific bases for financial corrections by the Member States linked to non-compliance with rules applicable under the Common Fisheries Policy, which shall be proportionate, having regard to the nature, gravity, duration and recurrence of the non-compliance.
Section II

Financial corrections by the Commission

Criteria for financial corrections
Article 144
1
The Commission shall make financial corrections, by means of implementing acts, by cancelling all or part of the Union contribution to an operational programme in accordance with Article 85, where, after carrying out the necessary examination, it concludes that:
a
there is a serious deficiency in the effective functioning of the management and control system of the operational programme which has put at risk the Union contribution already paid to the operational programme;
b
the Member State has not complied with its obligations under Article 143 prior to the opening of the correction procedure under this paragraph;
c
expenditure contained in a payment application is irregular and has not been corrected by the Member State prior to the opening of the correction procedure under this paragraph.
The Commission shall base its financial corrections on individual cases of identified irregularity and shall take account of whether an irregularity is systemic. Where it is not possible to quantify precisely the amount of irregular expenditure charged to the Funds or the EMFF, the Commission shall apply a flat rate or extrapolated financial correction.
2
The Commission shall, when deciding on a correction under paragraph 1, respect the principle of proportionality by taking account of the nature and gravity of the irregularity and the extent and financial implications of the deficiencies in management and control systems found in the operational programme.
3
Where the Commission bases its position on reports of auditors other than those of its own services, it shall draw its own conclusions regarding the financial consequences after examining the measures taken by the Member State concerned under Article 143(2), the notifications sent under Article 122(2), and any replies from the Member State.
4
In accordance with Article 22(7), where the Commission, based on the examination of the final implementation report of the operational programme for the Funds or the last annual implementation report for the EMFF, establishes a serious failure to achieve the targets set out in the performance framework, it may apply financial corrections in respect of the priorities concerned, by means of implementing acts.
5
When a Member State does not comply with its obligations under Article 95, the Commission may, in relation to the degree of non-compliance with those obligations, make a financial correction by cancelling all or part of the contribution from the Funds or the EMFF to the Member State concerned.
6
The Commission shall be empowered to adopt delegated acts in accordance with Article 149, laying down detailed rules concerning the criteria for determining serious deficiencies in the effective functioning of management and control systems, including the main types of such deficiencies, the criteria for establishing the level of financial correction to be applied and the criteria for applying flat rates or extrapolated financial corrections.
7
The Fund-specific rules for the EMFF may lay down specific bases for financial corrections by the Commission linked to non-compliance with rules applicable under the Common Fisheries Policy which shall be proportionate having regard to the nature, gravity, duration and recurrence of the non-compliance.

Procedure
Article 145
1
Before taking a decision on a financial correction, the Commission shall launch the procedure by informing the Member State of the provisional conclusions of its examination and requesting the Member State to submit its comments within two months.
2
Where the Commission proposes a financial correction on the basis of extrapolation or a flat rate, the Member State shall be given the opportunity to demonstrate, through an examination of the documentation concerned, that the actual extent of irregularity is less than the Commission's assessment. In agreement with the Commission, the Member State may limit the scope of this examination to an appropriate proportion or sample of the documentation concerned. Except in duly justified cases, the time allowed for that examination shall not exceed a further period of two months after the two-month period referred to in paragraph 1.
3
The Commission shall take account of any evidence provided by the Member State within the time limits set out in paragraphs 1 and 2.
4
Where the Member State does not accept the provisional conclusions of the Commission, the Member State shall be invited to a hearing by the Commission, in order to ensure that all relevant information and observations are available as a basis for conclusions by the Commission on the application of the financial correction.
5
In the event of an agreement, and without prejudice to paragraph 7 of this Article, the Member State may reuse the Funds concerned or the EMFF in accordance with Article 143(3).
6
In order to apply financial corrections the Commission shall take a decision, by means of implementing acts, within six months of the date of the hearing, or of the date of receipt of additional information where the Member State agrees to submit such additional information following the hearing. The Commission shall take account of all information and observations submitted during the course of the procedure. If no hearing takes place, the six month period shall begin to run two months after the date of the letter of invitation to the hearing sent by the Commission.
7
Where the Commission in carrying out its responsibilities under Article 75, or the European Court of Auditors, detects irregularities demonstrating a serious deficiency in the effective functioning of the management and control systems, the resulting financial correction shall reduce support from the Funds or the EMFF to the operational programme.
The first subparagraph shall not apply in the case of a serious deficiency in the effective functioning of a management and control system which, prior to the date of detection by the Commission or the European Court of Auditors:
a
had been identified in the management declaration, annual control report or the audit opinion submitted to the Commission in accordance with
Article 63(5), (6) and (7) of the Financial Regulation
, or in other audit reports of the audit authority submitted to the Commission and appropriate measures taken; or
b
had been the subject of appropriate remedial measures by the Member State.
The assessment of serious deficiencies in the effective functioning of management and control systems shall be based on the applicable law when the relevant management declarations, annual control reports and audit opinions were submitted.
When deciding on a financial correction the Commission shall:
a
respect the principle of proportionality by taking account of the nature and gravity of the serious deficiency in the effective functioning of a management and control system and its financial implications for the budget of the Union;
b
for the purpose of applying a flat rate or extrapolated correction, exclude irregular expenditure previously detected by the Member State which has been the subject of an adjustment in the accounts in accordance with Article 139(10), and expenditure subject to an ongoing assessment of its legality and regularity under Article 137(2);
c
take into account flat rate or extrapolated corrections applied to the expenditure by the Member State for other serious deficiencies detected by the Member State when determining the residual risk for the budget of the Union.
8
The Fund-specific rules for the EMFF may lay down additional rules of procedure for financial corrections referred to in Article 144(7).

Obligations of Member States
Article 146
A financial correction by the Commission shall not prejudice the Member State's obligation to pursue recoveries under Article 143(2) of this Regulation and to recover State aid within the meaning of Article 107(1) TFEU and under Article 14 of Council Regulation (EC) No 659/1999.

Repayment
Article 147
1.
Any repayment due to be made to the budget of the Union shall be effected before the due date indicated in the order for recovery drawn up in accordance with
Article 98 of the Financial Regulation
. The due date shall be the last day of the second month following the issuing of the order.
2
Any delay in effecting repayment shall give rise to interest on account of late payment, starting on the due date and ending on the date of actual payment. The rate of such interest shall be one-and-a-half percentage points above the rate applied by the European Central Bank in its main refinancing operations on the first working day of the month in which the due date falls.
TITLE III

PROPORTIONAL CONTROL OF OPERATIONAL PROGRAMMES

Proportional control of operational programmes
Article 148
1
Operations for which the total eligible expenditure does not exceed EUR 400 000 for the ERDF and the Cohesion Fund, EUR 300 000 for the ESF or EUR 200 000 for the EMFF shall not be subject to more than one audit by either the audit authority or the Commission prior to the submission of the accounts for the accounting year in which the operation is completed. Other operations shall not be subject to more than one audit per accounting year by either the audit authority or the Commission prior to the submission of the accounts for the accounting year in which the operation is completed. Operations shall not be subject to an audit by the Commission or the audit authority in any year if there has already been an audit in that year by the European Court of Auditors, provided that the results of the audit work performed by the European Court of Auditors for such operations can be used by the audit authority or the Commission for the purpose of fulfilling their respective tasks.
By derogation from the first subparagraph, operations for which the total eligible expenditure is between EUR 200 000 and EUR 400 000 for the ERDF and the Cohesion Fund, between EUR 150 000 and EUR 300 000 for the ESF and between EUR 100 000 and EUR 200 000 for the EMFF may be subject to more than one audit, if the audit authority concludes, based on its professional judgment, that it is not possible to issue or draw up an audit opinion on the basis of statistical or non-statistical sampling methods referred to in Article 127(1) without carrying out more than one audit of the respective operation.
2
For operational programmes for which the most recent audit opinion indicates that there are no significant deficiencies, the Commission may agree with the audit authority in the subsequent meeting referred to in Article 128(3) that the level of audit work required may be reduced so that it is proportionate to the risk established. In such cases, the Commission shall not carry out its own on-the-spot audits unless there is evidence suggesting deficiencies in the management and control system affecting expenditure declared to the Commission in an accounting year for which the accounts have been accepted by the Commission.
3
For operational programmes for which the Commission concludes that the opinion of the audit authority is reliable, it may agree with the audit authority to limit the Commission's own on-the-spot audits to audit the work of the audit authority unless there is evidence of deficiencies in the work of the audit authority for an accounting year for which the accounts have been accepted by the Commission.
4
Notwithstanding paragraph 1, the audit authority and the Commission may carry out audits of operations in the event that a risk assessment or an audit by the European Court of Auditors establishes a specific risk of irregularity or fraud, in the case of evidence of serious deficiencies in the effective functioning of the management and control system of the operational programme concerned, and, during the period referred to in Article 140(1). The Commission may, for the purpose of assessing the work of an audit authority, review the audit trail of the audit authority or take part in the on-the-spot audits of the audit authority and, where, in accordance with internationally accepted audit standards, it is necessary for the purpose of obtaining assurance as to the effective functioning of the audit authority, the Commission may carry out audits of operations.
PART FIVE

DELEGATIONS OF POWER, IMPLEMENTING, TRANSITIONAL AND FINAL PROVISIONS
CHAPTER I

Delegations of power and implementing provisions

Regulations
Article 149
1
Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.
2
For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.
3
Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
4
A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.
5
A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
6
Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
7
Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.
8
Regulations under this Regulation may:
a
contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments);
b
make different provision for different purposes.
9
Before making any regulations under this Regulation, the person or Department making the regulations must consult:
a
such bodies or persons as appear to the person or Department to be representative of the interests likely to be substantially affected by the regulations, and
b
such other bodies or persons as the person or Department may consider appropriate.

Committee Procedure
Article 150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER II

Transitional and final provisions

Review
Article 151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provisions
Article 152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Repeal
Article 153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entry into force
Article 154
This Regulation shall enter into force on the day following that of its publication in the
Official Journal of the European Union
.
Articles 20 to 24, Article 29(3), point (a) of Article 38(1), Articles 58, 60, 76 to 92, 118, 120, 121 and Articles 129 to 147 shall apply with effect from 1 January 2014.
The second sentence of the seventh subparagraph of Article 39(2) and the fifth paragraph of Article 76 shall apply with effect from the date on which the amendment to the Financial Regulation relating to the decommitment of appropriations has entered into force.
Articles 92a and 92b shall not apply to or in the United Kingdom. References to Member States in those provisions shall be understood as not including the United Kingdom.
...
ANNEX I

COMMON STRATEGIC FRAMEWORK
1.

INTRODUCTION
In order to promote the harmonious, balanced and sustainable development of the constituent nations and to maximise the contribution of support for rural development, including to economic, social and territorial cohesion, it is necessary to ensure that policy commitments are underpinned by investment. The Common Strategic Framework (CSF) shall therefore, in accordance with Article 10 and in compliance with the priorities and objectives laid down in the Fund-specific Regulations, provide strategic guiding principles in order to achieve an integrated development approach, in line with policy objectives, and, where appropriate, the flagship initiatives, while taking into account the key territorial challenges and specific national, regional and local contexts.
2.

COHERENCE WITH ECONOMIC GOVERNANCE
1.
To support effective targeting of smart, sustainable and inclusive growth in the
... programmes this Regulation identifies eleven thematic objectives, set out in the first paragraph of Article 9, corresponding to the priorities of
... which shall receive support from
support for rural development
.
2.
In line with the thematic objectives set out in the first paragraph of Article 9,
the relevant authority
shall, in order to ensure critical mass necessary to deliver growth and jobs, concentrate support in accordance with Article 18 of this Regulation and with the Fund-specific rules on thematic concentration, and shall ensure the effectiveness of spending.
The relevant authority
shall give particular attention to prioritising growth-friendly expenditure, including spending on education, research, innovation and energy efficiency and expenditure to facilitate the access of SMEs to finance, and to ensure environmental sustainability, and the management of natural resources and climate action as well as to modernise public administration. They shall also take account of maintaining or reinforcing the coverage and effectiveness of employment services and active labour market policies in order to combat unemployment, with a focus on youth and tackle the social consequences of the crisis, and promote social inclusion.
3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.
In order to determine the way in which
support for rural development
can most effectively contribute to
... , and to take account of the Treaty objectives, including economic, social and territorial cohesion,
the relevant authority
shall select the thematic objectives for the planned use of
support for rural development
within the appropriate national, regional and local contexts.
3.

INTEGRATED APPROACH TO AND ARRANGEMENTS FOR THE USE OF SUPPORT FOR RURAL DEVELOPMENT
3.1

Introduction
1.
...
The relevant authority
shall ensure that the selection of thematic objectives and investment and
... priorities addresses development needs and territorial challenges in an integrated manner in line with the analysis set out in section 6.4.
The relevant authority
shall seek to make maximum use of the possibilities for ensuring coordinated and integrated delivery of
support for rural development
.
2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.2

Coordination and complementarity
1.

The relevant authority and the Managing Authority responsible for each programme must work closely together in the preparation, implementation, monitoring and evaluation of the programme. In particular they shall ensure that the following actions are carried out:
1. identify areas of intervention where
support for rural development
can be combined in a complementary manner to achieve the thematic objectives set out in this Regulation;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. promote the involvement of managing authorities responsible for other ESI Funds and relevant ministries in the development of support schemes to ensure coordination and synergies and to avoid overlaps;
4. establish, where appropriate, joint monitoring committees for programmes implementing
support for rural development
, and the development of other joint management and control arrangements to facilitate coordination between authorities responsible for the implementation of
support for rural development
;
5. make use of available joint eGovernance solutions, which may assist applicants and beneficiaries, and make the widest possible use of "one-stop shops", including for advice on the opportunities of support available through each of
support for rural development
;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....
7. promote common approaches between ESI Funds with regard to guidance for the development of operations, calls for proposals and selection processes or other mechanisms to facilitate access to Funds for integrated projects;
8. encourage cooperation between managing authorities of different ESI Funds in the areas of monitoring, evaluation, management and control, and audit.
3.3

Encouraging integrated approaches
1.
The relevant authority
shall, where appropriate, combine
support for rural development
into integrated packages at local, regional or national level, which are tailor-made to address specific territorial challenges in order to support the achievement of the objectives set out in the
... programmes. This can be done using
... Integrated operations, Joint Action Plans and community-led local development.
2....
3.
In accordance with the relevant provisions of the Fund-specific rules, to increase impact and effectiveness in a thematically coherent integrated approach a priority axis may concern more than one category of region, combine one or more complementary investment priorities
... and, in duly justified cases combine one or more complementary investment priorities from different thematic objectives in order to achieve the maximum contribution to that priority axis.
4.
The relevant authority must promote, in accordance with their institutional and legal framework and with Article 32 the development of local and sub-regional approaches. Community-led local development must be implemented in the context of a strategic approach to ensure that the “bottom-up” definition of local needs takes account of priorities set at a higher level. The relevant authority must therefore define the approach to community-led local development in its rural development programme.
4.

COORDINATION AND SYNERGIES BETWEEN SUPPORT FOR RURAL DEVELOPMENT AND OTHER UNION POLICIES AND INSTRUMENTS
Coordination by
the relevant authority
as envisaged under this section shall apply in so far as a
relevant authority
intends to make use of support from
support for rural development
and
retained direct EU legislation
in the relevant policy area. The
... programmes set out in this section do not constitute an exhaustive list.
4.1

Introduction
1.
The relevant authority must
take into consideration the impact of
... policies at national and regional level, and on social, economic and territorial cohesion with a view to fostering synergies and effective coordination and to identifying and promoting the most suitable means of using
... funds to support local, regional and national investment.
The relevant authority
shall also ensure complementarity between
... policies and instruments and national, regional and local interventions.
2.

The relevant authority must ensure coordination between support for rural development and other relevant the law as it operates in the constituent nation, including retained direct EU legislation. They shall take appropriate steps to ensure consistency, at programming and implementation stages, between interventions supported by support for rural development and the objectives of other ... policies. To this end, they shall seek to take into account the following aspects:
1. enhancing complementarities and synergies between
retained direct EU legislation
at
... , national and regional level, both in the planning phase and during implementation;
2. optimise existing structures and where necessary, establish new structures that facilitate the strategic identification of priorities for the different instruments and structures for coordination
in the constituent nation
that avoid duplication of effort and identify areas where additional financial support is needed;
3. make use of the potential to combine support from different instruments to support individual operations and work closely with those responsible for implementation
in the constituent nation
to deliver coherent and streamlined funding opportunities for beneficiaries.
4.2

Coordination with the Common Agricultural Policy and the Common Fisheries Policy
1.
Support for rural development complements the measures for direct payment support and CMO support to farmers and to support market measures.
The relevant authority
shall therefore manage those interventions together so as to maximise synergies and the added value of
support for rural development
.
2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5.

HORIZONTAL PRINCIPLES REFERRED TO IN ARTICLES 5, 7 AND 8 AND CROSS-CUTTING POLICY OBJECTIVES
5.1

Partnership and multi-level governance
1.
In accordance with Article 5, the principle of partnership and multi-level governance shall be respected by
the relevant authority
in order to facilitate achieving social, economic and territorial cohesion
.... In order to respect those principles coordinated action is required, in particular between the different levels of governance, carried out in accordance with the principles of subsidiarity and proportionality, including by means of operational and institutional cooperation, with regard to the preparation and implementation of the
... programmes.
2
The relevant authority
shall examine the need for strengthening the institutional capacity of partners in order to develop their potential in contributing to the effectiveness of the partnership.
5.2

Sustainable development
1.

Member States and managing authorities shall, in all phases of implementation, ensure the full mainstreaming of sustainable development into support for rural development, respecting the principle of sustainable development ..., as well as complying with the obligation to integrate environmental protection requirements ... and the polluter pays principle ....
Managing authorities shall undertake actions throughout the programme lifecycle, to avoid or reduce environmentally harmful effects of interventions and ensure results in net social, environmental and climate benefits. Actions to be undertaken may include the following:
1. directing investments towards the most resource-efficient and sustainable options;
2. avoiding investments that may have a significant negative environmental or climate impact, and supporting actions to mitigate any remaining impacts;
3. taking a long-term perspective when 'life-cycle' costs of alternative options for investment are compared;
4. increasing the use of green public procurement.
2.
The relevant authority
shall take into consideration the climate change mitigation and adaptation potential of investments made with the support of
support for rural development
, in accordance with Article 8, and ensure that they are resilient to the impact of climate change and natural disasters such as increased risks of flooding, droughts, heat waves, forest fires and extreme weather events.
3.
Investments shall be consistent with the water management hierarchy, in line with Directive 2000/60/EC of the European Parliament and of the Council
, with a focus on demand management options. Alternative supply options shall only be considered when the potential for water savings and efficiency has been exhausted. Public intervention in the waste management sector shall complement efforts by the private sector, in particular in relation to producer responsibility. Investments shall encourage innovative approaches that promote high levels of recycling. Investments shall be consistent with the waste hierarchy established under Directive 2008/98/EC of the European Parliament and of the Council
. Expenditure related to biodiversity and the protection of natural resources shall be consistent with Council Directive 92/43/EEC
.
5.3

Promotion of equality between men and women and non-discrimination
1.
In accordance with Article 7,
the relevant authority
shall pursue the objective of equality between men and women and shall take appropriate steps to prevent any discrimination during the preparation, implementation, monitoring and evaluation of operations in the programmes co-financed by
support for rural development
. When pursuing the objectives of Article 7,
the relevant authority
shall describe actions to be taken, in particular with regard to selection of operations, setting of objectives for interventions, and arrangements for monitoring and reporting.
The relevant authority
shall also carry out gender analyses where appropriate. In particular, specific targeted actions shall be supported through the ESF.
2.
The relevant authority
shall ensure, in accordance with Articles 5 and 7, the participation of the relevant bodies responsible for promoting gender equality and non-discrimination in the partnership, and ensure adequate structures in accordance with national practices to advise on gender equality, non-discrimination and accessibility in order to provide the necessary expertise in the preparation, monitoring and evaluation of
support for rural development
.
3.
Managing authorities shall undertake evaluations or self-assessment exercises, in coordination with the monitoring committees, focusing on the application of the gender mainstreaming principle.
4.
The relevant authority
shall address, in an appropriate manner, the needs of disadvantaged groups in order to allow them to better integrate into the labour market, and thereby facilitate their full participation in society.
5.4

Accessibility
1.
The relevant authority
shall, in accordance with Article 7, take appropriate steps to prevent any discrimination based on disability. Managing authorities shall ensure by means of action throughout programme lifecycles that all products, goods, services and infrastructures that are open or provided to the public and are co-financed by
support for rural development
are accessible to all citizens including those with disabilities in accordance with applicable law, thereby contributing to a barrier-free environment for persons with disabilities and the elderly. In particular, accessibility to the physical environment, transport, ICT in order to promote inclusion of disadvantaged groups, including persons with disabilities, shall be ensured. Actions to be undertaken may include directing investments towards accessibility in existing buildings and established services.
5.5

Addressing demographic change
1.
The challenges resulting from demographic change, including in particular those related to a shrinking working population, an increasing proportion of retired people in the overall population and to depopulation, shall be taken into account at all levels.
The relevant authority
shall make use of
support for rural development
, in line with relevant national or regional strategies, where such strategies are in place, to tackle demographic problems and to create growth linked to an ageing society.
2.
The relevant authority
shall use
support for rural development
, in line with relevant national or regional strategies to facilitate inclusion of all age groups, including through improved access to education and social support structures with a view to enhancing job opportunities for the elderly and young people and with a focus on regions with high rates of youth unemployment in comparison to the
... average rate. Investments in health infrastructures shall be aimed at ensuring a long and healthy working life for all
... citizens.
3.

To address challenges in the regions most affected by demographic change, the relevant authority shall in particular identify measures to:
1. support demographic renewal through better conditions for families and an improved balance between working and family life;
2. boost employment, raise productivity and economic performance through investing in education, ICT and research and innovation;
3. focus on the adequacy and quality of education, training and social support structures as well as where appropriate, on the efficiency of social protection systems;
4. promote cost-effective provision of health care and long-term care including investment in e-health, e-care and infrastructure.
5.6

Climate change mitigation and adaptation
In accordance with Article 8, climate change mitigation and adaptation, and risk prevention shall be integrated in the preparation and implementation of
... programmes.
6.

ARRANGEMENTS FOR ADDRESSING KEY TERRITORIAL CHALLENGES
6.1
The relevant authority
shall take account of geographic or demographic features and take steps to address the specific territorial challenges of each region to unlock their specific development potential, thereby also helping them to achieve smart, sustainable and inclusive growth in the most efficient way.
6.2
The choice and combination of thematic objectives, as well as the selection of corresponding investment and
priorities for rural development
and the specific objectives set shall reflect the needs and potential for smart, sustainable and inclusive growth of each
constituent nation
and region.
6.3
When preparing
... programmes
the relevant authority
shall therefore take into consideration that the major societal challenges faced by
the United Kingdom
today – globalisation, demographic change, environmental degradation, migration, climate change, energy use, the economic and social consequences of the crisis – may have different impacts in different regions.
6.4

With a view to an integrated territorial approach to addressing territorial challenges the relevant authority shall ensure that programmes under support for rural development reflect the diversity of ... regions, in terms of employment and labour market characteristics, interdependencies between different sectors, commuting patterns, population ageing and demographic shifts, cultural, landscape and heritage features, climate change vulnerabilities and impacts, land use and resource constraints, potential for more sustainable use of natural resources including renewables, institutional and governance arrangements, connectivity and accessibility, and linkages between rural and urban areas. In accordance with point (a) of Article 15(1), the relevant authority ... shall therefore undertake the following steps for the purpose of preparation of their ... programmes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. An assessment of the major challenges to be addressed by the region or
constituent nation
, the identification of the bottlenecks and missing links, innovation gaps, including the lack of planning and implementation capacity that inhibit the long-term potential for growth and jobs. This shall form the basis for the identification of the possible fields and activities for policy prioritisation, intervention and concentration;
3. An assessment of the cross-sectoral, cross-jurisdictional or cross-border coordination challenges, particularly in the context of macro-regional and sea-basin strategies;
4. Identification of steps to achieve improved coordination across different territorial levels, taking account of the appropriate territorial scale and context for policy design as well as
constituent nations
institutional and legal framework, and sources of funding to deliver an integrated approach linking
... with regional and local actors.
6.5

In order to take into account the objective of territorial cohesion, the constituent nations and regions shall, in particular, ensure that the overall approach to promoting smart, sustainable and inclusive growth in the areas concerned:
1. reflects the role of cities, urban and rural areas, fisheries and coastal areas, and areas facing specific geographical or demographic handicaps;
2. takes account of the specific challenges of the outermost regions, the northernmost regions with a very low population density and of island, cross-border or mountain regions;
3. addresses urban-rural linkages, in terms of access to affordable, high quality infrastructure and services, and problems in regions with a high concentration of socially marginalised communities.
7.

COOPERATION ACTIVITIES
7.1

Coordination and complementarity
1.
The relevant authority
shall seek complementarity between cooperation activities and other actions supported by
support for rural development
.
2.
The relevant authority must ensure that cooperation activities are organised in support of wider policy goals. To achieve this the relevant authority must ensure complementarity and coordination with other programmes.
3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6.
Constituent nations
and regions shall make the best use of territorial cooperation programmes in overcoming barriers to cooperation beyond administrative borders,
... as well as strengthening economic, social and territorial cohesion.
...
7.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANNEX II

METHOD FOR ESTABLISHING THE PERFORMANCE FRAMEWORK
1.

The performance framework shall consist of milestones established for each priority, with the exception of priorities dedicated to technical assistance and programmes dedicated to financial instruments in accordance with Article 39, for the year 2018 and targets established for 2023. The milestones and targets shall be presented in accordance with the format set out in table 1.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.

Milestones and targets shall be:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANNEX III

PROVISIONS FOR DETERMINING THE SCOPE AND THE LEVEL OF SUSPENSION OF COMMITMENTS OR PAYMENTS REFERRED TO IN ARTICLE 23(11)
1.

DETERMINING THE LEVEL OF SUSPENSION OF COMMITMENTS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.

DETERMINING THE SCOPE OF SUSPENSION OF COMMITMENTS ACROSS PROGRAMMES AND PRIORITIES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.

DETERMINING THE FINAL LEVEL OF SUSPENSION OF COMMITMENTS FOR THE PROGRAMMES FALLING WITHIN THE SCOPE OF THE SUSPENSION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.

DETERMINING THE SCOPE AND THE LEVEL OF SUSPENSION OF PAYMENTS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANNEX IV

IMPLEMENTATION OF FINANCIAL INSTRUMENTS: FUNDING AGREEMENTS
1.

Where a financial instrument is implemented under ... points (a), (b) and (c) of the first subparagraph of Article 38(4), the funding agreement shall include the terms and conditions for making contributions from the programme to the financial instrument and shall include at least the following elements:
1. the investment strategy or policy including implementation arrangements, financial products to be offered, final recipients targeted, and envisaged combination with grant support (as appropriate);
2. a business plan or equivalent documents for the financial instrument to be implemented, including the expected leverage effect referred to in Article 37(2);
3. the target results that the financial instrument concerned is expected to achieve to contribute to the specific objectives and results of the relevant priority;
4. provisions for monitoring of the implementation of investments and of deal flows including reporting by the financial instrument to the fund of funds and/or the managing authority to ensure compliance with Article 46;
5. audit requirements, such as minimum requirements for documentation to be kept at the level of the financial instrument (and at the level of the fund of funds where appropriate) , and requirements in relation to the maintenance of separate records for the different forms of support in compliance with Article 37(7) and (8) (where applicable), including provisions and requirements regarding access to documents by audit authorities ... in order to ensure a clear audit trail, in accordance with Article 40;
6. requirements and procedures for managing the phased contribution provided by the programme in accordance with Article 41 and for the forecast of deal flows, including requirements for fiduciary/separate accounting as set out in Article 38(6) ...;
7. requirements and procedures for managing interest and other gains generated as referred to in Article 43, including acceptable treasury operations/investments, and the responsibilities and liabilities of the parties concerned;
8. provisions regarding the calculation and payment of management costs incurred or of the management fees of the financial instrument;
9. provisions regarding the re-use of resources attributable to the
support for rural development
until the end of the eligibility period in compliance with Article 44 and, where applicable, provisions regarding differentiated treatment as referred to in Article 43a;
10. provisions regarding the re-use of resources attributable to the
support for rural development
after the end of the eligibility period in compliance with Article 45 and a policy regarding the exit of those resources from the financial instrument;
11. conditions for a possible total or partial withdrawal of programme contributions from programmes to financial instruments , including the fund of funds where applicable;
12. provisions to ensure that bodies implementing financial instruments manage financial instruments with independence and in accordance with the relevant professional standards, and act in the exclusive interest of the parties providing contributions to the financial instrument;
13. provisions for the winding-up of the financial instrument.
In addition, where financial instruments are organised through a fund of funds, the funding agreement between the managing authority and the body that implements the fund of funds must also provide for the appraisal and selection of bodies implementing the financial instruments, including calls for expression of interest or public procurement procedures.
2.

Strategy documents referred to under Article 38(8) for financial instruments implemented under point (d) of the first subparagraph of Article 38(4) shall include at least the following elements:
1. the investment strategy or policy of the financial instrument, general terms and conditions of envisaged loan or guarantees, target final recipients and actions to be supported;
2. a business plan or equivalent documents for the financial instrument to be implemented, including the expected leverage effect referred to in Article 37(2);
3. the use and re-use of resources attributable to the
support for rural development
in accordance with Articles 43, 44 and 45, and, where applicable, provisions regarding differentiated treatment as referred to in Article 43a;
4. monitoring and reporting of the implementation of the financial instrument to ensure compliance with Article 46.
ANNEX V

DEFINITION OF FLAT-RATES FOR NET-REVENUE GENERATING PROJECTS
| Sector | Flat rates
1 | ROAD | 30 %
2 | RAIL | 20 %
3 | URBAN TRANSPORT | 20 %
4 | WATER | 25 %
5 | SOLID WASTE | 20 %
ANNEX VI

ANNUAL BREAKDOWN OF COMMITMENT APPROPRIATIONS FOR THE YEARS 2014 TO 2020
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANNEX VII

ALLOCATION METHODOLOGY

Allocation method for the less developed regions eligible under the Investment for growth and jobs goal, referred to in point (a) of the first subparagraph of Article 90(2)
1.

Each Member State's allocation shall be the sum of the allocations for its individual eligible NUTS level 2 regions, calculated in accordance with the following steps:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Allocation method for transition regions eligible under the Investment for growth and jobs goal, referred to in point (b) of the first subparagraph of Article 90(2)
2.

Each Member State's allocation shall be the sum of the allocations for its individual eligible NUTS level 2 regions, calculated in accordance with the following steps:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Allocation method for the more developed regions eligible under the Investment for growth and jobs goal, referred to in point (c) of the first subparagraph of Article 90(2)
3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.

The share of each Member State concerned shall be the sum of the shares of its eligible NUTS level 2 regions, which are determined on the basis of the following criteria, weighted as indicated:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Allocation method for the Member States eligible for the Cohesion Fund under Article 90(3)
5.

The total theoretical financial envelope shall be obtained by multiplying the average aid intensity per head and per year of EUR 48 by the eligible population. Each eligible Member State's a priori allocation of this theoretical financial envelope corresponds to a percentage based on its population, surface area and national prosperity, and shall be obtained by applying the following steps:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Allocation method for the European territorial cooperation goal referred to in Article 4 of the ETC Regulation
8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Allocation method of the additional funding for regions referred to in point (e) of Article 92(1)
9.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Maximum level of transfers from funds supporting cohesion
10.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional provisions
14.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17.

To address the effects of the economic crisis on Member States within the euro area on their level of prosperity, and in order to boost growth and job creation in these Member States, the Structural Funds will provide the following additional allocations:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18.

In order to recognise the challenges posed by the situation of island Member States and the remoteness of certain parts of the Union, Malta and Cyprus shall receive, after applying the method of calculation referred to in paragraph 16, an additional envelope of EUR 200 000 000 and EUR 150 000 000 respectively under the Investment for growth and jobs goal and distributed as follows: one third for the Cohesion Fund and two thirds for the Structural Funds.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19.

To facilitate the adjustment of certain regions either to changes in their eligibility status or to the long-lasting effects of recent developments in their economy the following additional allocations are made:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional adjustments in accordance with Article 92(2)
21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANNEX VIIa

METHODOLOGY FOR THE ALLOCATION OF THE REACT-EU RESOURCES – ARTICLE 92b(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANNEX VIII

METHODOLOGY CONCERNING THE SPECIFIC ALLOCATION FOR THE YEI REFERRED TO IN ARTICLE 91
I.

The breakdown of the specific allocation for the YEI shall be determined in accordance with the following steps:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
II.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
III.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
IV.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANNEX IX

METHODOLOGY FOR DETERMINING MINIMUM SHARE OF THE ESF
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANNEX X

ADDITIONALITY
1.

PUBLIC OR EQUIVALENT STRUCTURAL EXPENDITURE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.

VERIFICATION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.

FINANCIAL CORRECTION RATES FOLLOWING EX POST VERIFICATION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANNEX XI

Ex ante conditionalities
. . .
PART II: General ex ante conditionalities
Council Decision of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities, ( OJ L 23, 27.1.2010, p. 35 )
Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment ( OJ L 26, 28.1.2012, p. 1 ).
Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30).
Area | Ex ante conditionality | Criteria for fulfilment
1. Anti-discrimination | The existence of administrative capacity for the implementation and application of ... anti-discrimination law and policy in the field of support for rural development | - Arrangements in accordance with the institutional and legal framework ... for the involvement of bodies responsible for the promotion of equal treatment of all persons throughout the preparation and implementation of programmes, including the provision of advice on equality in activities benefitting from support for rural development ; - Arrangements for training for staff of the authorities involved in the management and control of the support for rural development in the fields of ... anti-discrimination law and policy.
2. Gender | The existence of administrative capacity for the implementation and application of ... gender equality law and policy in the field of support for rural development | - Arrangements in accordance with the institutional and legal framework ... for the involvement of bodies responsible for gender equality throughout the preparation and implementation of programmes, including the provision of advice on gender equality in activities benefitting from support for rural development ; - Arrangements for training for staff of the authorities involved in the management and control of the support for rural development in the fields of ... gender equality law and policy as well as on gender mainstreaming.
3. Disability | The existence of administrative capacity for the implementation and application of the United Nations Convention on the rights of persons with disabilities (UNCRPD) in the field of support for rural development in accordance with Council Decision 2010/48/EC | - Arrangements in accordance with the institutional and legal framework ... for the consultation and involvement of bodies in charge of protection of rights of persons with disabilities or representative organisations of persons with disabilities and other relevant stakeholders throughout the preparation and implementation of programmes; - Arrangements for training for staff of the authorities involved in the management and control of the support for rural development in the fields of disability law and policy applying in the constituent nation , including accessibility and the practical application of the UNCRPD as reflected in the law as it applied in the constituent nation , as appropriate; - Arrangements to ensure monitoring of the implementation of Article 9 of the UNCRPD in relation to the support for rural development throughout the preparation and the implementation of the programmes.
4. Public procurement | The existence of arrangements for the effective application of ... public procurement law in the field of the support for rural development . | - Arrangements for the effective application of ... public procurement rules through appropriate mechanisms; - Arrangements which ensure transparent contract award procedures; - Arrangements for training and dissemination of information for staff involved in the implementation of the support for rural development ; - Arrangements to ensure administrative capacity for implementation and application of ... public procurement rules.
5.. . . | . . . | . . .
6. Environmental legislation relating to Environmental Impact Assessment (EIA) and Strategic Environmental Assessment (SEA) | The existence of arrangements for the effective application of ... environmental legislation related to EIA and SEA. | - Arrangements for the effective application of Directive 2011/92/EU of the European Parliament and of the Council (EIA) and of Directive 2001/42/EC of the European Parliament and of the Council (SEA); - Arrangements for training and dissemination of information for staff involved in the implementation of the EIA and SEA Directives; - Arrangements to ensure sufficient administrative capacity.
7. Statistical systems and result indicators | The existence of a statistical basis necessary to undertake evaluations to assess the effectiveness and impact of the programmes. The existence of a system of result indicators necessary to select actions, which most effectively contribute to desired results, to monitor progress towards results and to undertake impact evaluation. | - Arrangements for timely collection and aggregation of statistical data with the following elements are in place: - the identification of sources and mechanisms to ensure statistical validation; - arrangements for publication and public availability of aggregated data; - An effective system of result indicators including: - the selection of result indicators for each programme providing information on what motivates the selection of policy actions financed by the programme; - the establishment of targets for these indicators; - the consistency of each indicator with the following requisites: robustness and statistical validation, clarity of normative interpretation, responsiveness to policy, timely collection of data; - Procedures in place to ensure that all operations financed by the programme adopt an effective system of indicators.
ANNEX XII

INFORMATION, COMMUNICATION AND VISIBILITY OF SUPPORT FROM THE FUNDS
1.

LIST OF OPERATIONS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.

INFORMATION AND COMMUNICATION MEASURES AND MEASURES TO ENHANCE VISIBILITY FOR THE PUBLIC
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.

INFORMATION MEASURES FOR POTENTIAL BENEFICIARIES AND BENEFICIARIES
3.1.

Information measures for potential beneficiaries
1.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.

The managing authority shall ensure that potential beneficiaries have access to the relevant information, including updated information where necessary, and taking into account the accessibility of electronic or other communication services for certain potential beneficiaries, on at least the following:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.2.

Information measures for beneficiaries
1.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.

ELEMENTS OF THE COMMUNICATION STRATEGY
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANNEX XIII

DESIGNATION CRITERIA FOR THE MANAGING AUTHORITY AND THE CERTIFYING AUTHORITY
1.

INTERNAL CONTROL ENVIRONMENT
(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.

RISK MANAGEMENT
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.

MANAGEMENT AND CONTROL ACTIVITIES
A.

Managing authority
(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(viii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ix). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B.

Certifying authority
(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.

MONITORING
A.

Managing authority
(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B.

Certifying authority
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANNEX XIV. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Joint Statement by the Council and the Commission on Article 67
The Council and the Commission agree that Article 67 (4) which excludes the application of simplified costs set out in Article 67 (1) (b)-(d) in cases where an operation or a project forming part of an operation is implemented exclusively through public procurement procedures does not preclude the implementation of an operation through public procurement procedures which result in payments by the beneficiary to the contractor based on pre-defined unit costs. The Council and the Commission agree that the costs determined and paid by the beneficiary based on these unit costs established through public procurement procedures shall constitute real costs actually incurred and paid by the beneficiary under Article 67 (1) (a).
Joint Statement by the European Parliament, the Council and the Commission on the revision of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council linked with the reconstitution of appropriations
The European Parliament, the Council and the Commission agree to include in the revision of the Financial Regulation, aligning Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council to the Multiannual Financial Framework 2014-20, provisions necessary for the application of the arrangements for the allocation of the performance reserve and in relation to the implementation of financial instruments under Article 39 (SME initiative) under the Regulation laying down common provisions for the European Structural and Investment Funds concerning the reconstitution of:
1. appropriations which had been committed to programmes in relation to the performance reserve and which had to be decommitted as a result of priorities under these programmes not having attained their milestones and;
2. appropriations which had been committed in relation to dedicated programmes referred to under Article 39(4)b and which had to be de-committed because the participation of a Member State in the financial instrument had to be discontinued.
Joint Statement by the European Parliament, the Council and the Commission on Article 1
If further justified derogations to the common rules are needed to take into account specificities of the EMFF and of the EAFRD, the European Parliament, the Council and the European Commission commit to allow for these derogations by proceeding with due diligence to the necessary modifications to Regulation laying down common provisions for the European Structural and Investment Funds.
Joint Statement by the European Parliament and the Council on the exclusion of any retroactivity with regard to the application of article 5(3)
The European Parliament and the Council agree that:
- concerning the application of Articles 14(2), 15(1)(c), and 26 (2) of Regulation laying down common provisions for the European Structural and Investment Funds, the actions taken by the Member States to involve the partners referred to in Article 5(1) in the preparation of the Partnership Agreement and the programmes referred to in Article 5 (2) include all actions taken on a practical level by the Member States irrespective of their timing as well as actions taken by them before the entry into force of that and before the day of the entry into force of the delegated act for a European code of conduct adopted in accordance with Article 5(3) of the same Regulation, during the preparatory phases of a Member State programming procedure, provided that the objectives of the partnership principle, laid down in that Regulation, are achieved. In this context, Member States, in accordance with their national and regional competences, will decide on the content of both, the proposed Partnership Agreement and proposed draft programmes, in accordance with the relevant provisions of that Regulation and the fund specific rules;
- the delegated act laying down a European code of conduct, adopted in accordance with Article 5(3), will under no circumstances and neither directly nor indirectly have any retroactive effect, especially concerning the approval procedure of the Partnership Agreement and the programmes, since it is not the intention of the EU legislature to confer any powers on the Commission to the effect that it could reject the approval of the Partnership Agreement and programmes solely and exclusively based on any kind of non-compliance with the European code of conduct, adopted in accordance with Article 5(3);
- the European Parliament and the Council invite the Commission to make available for them the draft text of the delegated act to be adopted under article 5(3) as early as possible, but not later than the date when the political agreement on the Regulation laying down common provisions for the European Structural and Investment Funds is adopted by the Council or the date when the draft report on that Regulation is voted at the plenary of the European Parliament, whichever date is the earliest.
OJ C 191, 29.6.2012, p. 30, OJ C 44, 15.2.2013, p. 76 and OJ C 271, 19.9.2013, p. 101.
OJ C 225, 27.7.2012, p. 58 and OJ C 17, 19.1.2013, p. 56.
OJ C 47, 17.2.2011, p. 1, OJ C 13, 16.1.2013, p. 1 and OJ C 267, 17.9.2013, p. 1.
Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
Regulation (EU) No 1304/2013 of the European Parliament and of the Council of 17 December 2013 on the European Social Fund and repealing Regulation (EC) No 1081/2006 (See page 470 of this Official Journal).
Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (See page 608 of this Official Journal).
Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ L 30, 31.1.2009, p. 16).
Regulation (EU) No 1291/2013 of the European Parliament and of the Council of 11 December 2013 establishing Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020) and repealing Decision No 1982/2006/EC (See page 104 of this Official Journal).
Regulation (EU) No 1301/2013 of the European Parliament and of the Council of 17 December 2013 on the European Regional Development Fund and on specific provisions concerning the Investment for growth and jobs goal and repealing Regulation (EC) No 1080/2006 (See page 289 of this Official Journal).
Regulation (EU) No 1300/2013 of the European Parliament and of the Council of 17 December 2013 on the Cohesion Fund and repealing Council Regulation (EC) No 1084/2006 (See page 281 of this Official Journal).
Regulation (EU) No 1299/2013 of the European Parliament and of the Council of 17 December 2013 on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal (See page 259 of this Official Journal).
Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development and repealing Regulation (EC) No 1698/2005 (See page 487 of this Official Journal).
Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).
Commission Regulation (EC) No 105/2007 of 1 February 2007 amending the annexes to Regulation (EC) No 1059/2003 of the European Parliament and of the Council on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 39, 10.2.2007, p. 1).
Regulation (EU, Euratom) No 1311/2013 of the Council of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (See page 884 of this Official Journal).
Regulation 1316/2013 of the European Parliament and of the Council of 11 december 2013, establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (OJ L 348, 20.12.2013, p. 129).
Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (OJ L 209, 2.8.1997, p. 1).
Council Regulation (EC) No 1083/2006 of 11 July 2006 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 (OJ L 210, 31.7.2006, p. 25).
Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agriculture policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (See page 549 of this Official Journal).
Commission Regulation (EU) No 1407/2013 of
18 December 2013
on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to
de minimis
aid (
OJ L 352, 24.12.2013, p. 1
).
Commission Regulation (EU) No 1408/2013 of
18 December 2013
on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to
de minimis
aid in the agriculture sector (
OJ L 352, 24.12.2013, p. 9
).
Commission Regulation (EU) No 717/2014 of
27 June 2014
on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to
de minimis
aid in the fishery and aquaculture sector (
OJ L 190, 28.6.2014, p. 45
).
Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid (OJ L 379, 28.12.2006, p. 5).
Commission Regulation (EC) No 1535/2007 of 20 December 2007 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the sector of agricultural production (OJ L 337, 21.12.2007, p. 35).
Commission Regulation (EC) No 875/2007 of 24 July 2007 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the fisheries sector and amending Regulation (EC) No 1860/2004 (OJ L 193, 25.7.2007, p. 6).
Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).
Regulation (EU) No 516/2014 of the European Parliament and of the Council of
16 April 2014
establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and repealing Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC (
OJ L 150, 20.5.2014, p. 168
).
Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of
18 July 2018
on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (
OJ L 193, 30.7.2018, p. 1
).
Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (OJ L 223, 15.8.2006, p. 1).
Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ L 83, 27.3.1999, p. 1).
Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).
Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).

Subject-matter
Article 1
This Regulation lays down the common rules applicable to support for rural development.

Definitions
Article 2
For the purposes of this Regulation, the following definitions apply;
...
2. 'a strategic policy framework' means a document or a set of documents established at national or regional level, which sets out a limited number of coherent priorities established on the basis of evidence and a timeframe for the implementation of those priorities and which may include a monitoring mechanism;
3. 'smart specialisation strategy' means the national or regional innovation strategies which set priorities in order to build competitive advantage by developing and matching research and innovation own strengths to business needs in order to address emerging opportunities and market developments in a coherent manner, while avoiding duplication and fragmentation of efforts; a smart specialisation strategy may take the form of, or be included in, a national or regional research and innovation (R&I) strategic policy framework;
......
6. “
programme
” means a ‘rural development programme’ as referred to in Regulation (EU) No 1305/2013;
7. 'programme area' means a geographical area covered by a specific programme or, in the case of a programme covering more than one category of region, the geographical area corresponding to each separate category of region;
8. “priority”, in Part Two of this Regulation, means a priority for rural development referred to in Regulation (EU) No 1305/2013;
9. 'operation' means a project, contract, action or group of projects selected by the managing authorities of the programmes concerned, or under their responsibility, that contributes to the objectives of a priority or priorities; in the context of financial instruments, an operation is constituted by the financial contributions from a programme to financial instruments and the subsequent financial support provided by those financial instruments;
10. 'beneficiary' means a public or private body or a natural person, responsible for initiating or both initiating and implementing operations, and:
...
  2. in the context of financial instruments under Title IV of Part Two of this Regulation, the body that implements the financial instrument ... ;
11. 'financial instruments' means financial instruments as defined in the Financial Regulation, save where otherwise provided in this Regulation;
12. 'final recipient' means a legal or natural person receiving financial support from a financial instrument;
...
14. 'completed operation' means an operation that has been physically completed or fully implemented and in respect of which all related payments have been made by beneficiaries and the corresponding public contribution has been paid to the beneficiaries;
...
16. “
public law body
” means any body governed by public law within the criteria in paragraphs (a) to (c) of point 9 of Article 1 of Directive 2004/18/EC of the European Parliament and of the Council
17. 'document' means a paper or an electronic medium bearing information of relevance in the context of this Regulation;
18. 'intermediate body' means any public or private body which acts under the responsibility of a managing or certifying authority, or which carries out duties on behalf of such an authority, in relation to beneficiaries implementing operations;
19. 'community-led local development strategy' means a coherent set of operations the purpose of which is to meet local objectives and needs,
... and which is designed and implemented by a local action group;
............
24. 'Public private partnerships' (PPPs) means forms of cooperation between public bodies and the private sector, which aim to improve the delivery of investments in infrastructure projects or other types of operations, delivering public services through risk sharing, pooling of private sector expertise or additional sources of capital;
25. 'PPP operation' means an operation which is implemented or intended to be implemented under a public-private-partnership structure;
26. 'escrow account' means a bank account covered by a written agreement between a managing authority or an intermediate body and the body implementing a financial instrument, or, in the case of a PPP operation, a written agreement between a public body beneficiary and the private partner approved by the managing authority or an intermediate body, set up specifically to hold funds to be paid out after the eligibility period in the case of a financial instrument, or during the eligibility period and/or after the eligibility period in the case of a PPP operation, exclusively for the purposes provided for in
... Article 64, or a bank account set up on terms providing equivalent guarantees on the payments out of the funds;
.....................
34. 'specific objective' means the result to which an investment priority or
priority for rural development
contributes in a specific national or regional context through actions or measures undertaken within such a priority;
...
36. ”irregularity” means any breach of the law as it applies in the constituent nation resulting from an act or omission by an economic operator involved in the implementation of support for rural development, which has, or would have, the effect of charging an unjustified item of expenditure to a programme budget;
37. ”economic operator” means any natural or legal person or other entity taking part in the implementation of support for rural development, with the exception of a relevant authority exercising its prerogatives as a public authority;
......
40. ‘Financial Regulation’ means Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union as it had effect immediately before IP completion day;
41. “
CMO support
” means financial support granted under Regulation (EU) No 1308/2013 or any of the delegated or implementing acts adopted on the basis of that regulation or of Commission Regulation (EU) No 1234/2007;
...
43. “
constituent nation
” means England, Wales, Scotland or Northern Ireland, as the case may be;
44. “
relevant authority
” means—
  1. in respect of support under rural development
    1. in England, the Secretary of State,
    2. in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs,
    3. in Scotland, the Scottish Ministers,
    4. in Wales, the Welsh Ministers,
45. “
support for rural development
” means financial support granted under Title 3 of Regulation (EU) No 1305/2013 or Title 3, Chapter 2 of this Regulation;
46. ‘appropriate authority’ means:
  1. in relation to regulations which relate to rural development:
    1. subject to point (ii):
      1. insofar as the regulations apply in England, the Secretary of State;
      2. insofar as the regulations apply in Wales, the Welsh Ministers;
      3. insofar as the regulations apply in Scotland, the Scottish Ministers;
      4. insofar as the regulations apply in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs, or
    2. the Secretary of State:
      1. for regulations applying in Scotland, if consent is given by the Scottish Ministers;
      2. for regulations applying in Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.

General principles
Article 4
1
Support for rural development must be provided through multi-annual programmes that complement national, regional and local intervention, as well as the
... missions, including economic, social and territorial cohesion.
2
The relevant authority must ensure
... that support for rural development is consistent with the horizontal principles referred to in Articles 5, 7 and 8 and that it is complementary to CMO support
... and support under other
assimilated direct
legislation.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The relevant authority, in accordance with its institutional, legal and financial framework, and the bodies designated by it for that purpose shall be responsible for preparing and implementing programmes and carrying out their tasks ... in compliance with this Regulation ... .
5
Arrangements for the implementation and use of support for rural development, and in particular the financial and administrative resources required for the preparation and implementation of programmes, in relation to monitoring, reporting, evaluation, management and control, shall respect the principle of proportionality having regard to the level of support allocated and shall take into account the overall aim of reducing the administrative burden on bodies involved in the management and control of the programmes.
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
The relevant authority and Managing Authority shall ensure the effectiveness of support for rural development during preparation and implementation, in relation to monitoring, reporting and evaluation.
10
The relevant authority and Managing Authority shall carry out their respective roles in relation to support for rural development with the aim of reducing the administrative burden on beneficiaries.

Sustainable development
Article 8
The objectives of the support for rural development shall be pursued in line with the principle of sustainable development and with the ... aim of preserving, protecting and improving the quality of the environment, as set out in Article 11 and Article 191(1) TFEU, taking into account the polluter pays principle.
2
The relevant authority must ensure that the environmental protection requirements, resource efficiency, climate change mitigation and adaptation, biodiversity, disaster resilience, and risk prevention and management are promoted in the preparation and implementation of programmes.
The appropriate authority may make regulations setting out uniform conditions for support for rural development.

Support for rural development under the programme
Article 26
Support for rural development must be implemented through a programme until 31 December
2030
.

Community-led local development
Article 32
1
Support for rural development must be provided by the relevant authority for community-led local development. For the purposes of this Chapter, “the support concerned” means support for rural development.
2
Community-led local development shall be:
a
focused on specific subregional areas;
b
led by local action groups composed of representatives of public and private local socio-economic interests, in which, at the decision-making level neither public authorities, as defined in accordance with national rules, nor any single interest group represents more than 49 % of the voting rights;
c
carried out through integrated and multi-sectoral area-based local development strategies;
d
designed taking into consideration local needs and potential, and shall include innovative features in the local context, networking and, where appropriate, cooperation.
3
Where support for rural development is made available to community-led local development it must be done so in a consistent and coordinated way. This shall be ensured inter alia through coordinated capacity-building, selection, approval and funding of community-led local development strategies and local action groups.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Community-led local development funded by support for rural development must be carried out under one or more priorities of the relevant programme or programmes in accordance with the
... rules.

Financial instruments
Article 37
1
Support for rural development may be used to support financial instruments under one or more programmes ... in order to contribute to the achievement of specific objectives set out under a priority.
Financial instruments shall be implemented to support investments which are expected to be financially viable and do not give rise to sufficient funding from market sources. When applying this Title, the managing authorities ... and the bodies implementing financial instruments shall comply with applicable law, in particular on ... public procurement.
2
Support of financial instruments shall be based on an ... assessment which has established evidence of market failures or suboptimal investment situations, and the estimated level and scope of public investment needs, including types of financial instruments to be supported. Such ... assessment shall include:
a
an analysis of market failures, suboptimal investment situations, and investment needs for policy areas ... or investment priorities to be addressed with a view to contributing to the achievement of specific objectives set out under a priority and to be supported through financial instruments. That analysis shall be based on available good practices methodology;
b
an assessment of the added value of the financial instruments that are being considered for support for rural development, consistency with other forms of public intervention addressing the same market, ... the proportionality of the envisaged intervention and measures to minimise market distortion;
c
an estimate of additional public and private resources to be potentially raised by the financial instrument down to the level of the final recipient (expected leverage effect), including as appropriate an assessment of the need for, and the extent of, differentiated treatment as referred to in Article 43a to attract counterpart resources from investors operating under the market economy principle and/or a description of the mechanisms which will be used to establish the need for, and extent of, such differentiated treatment, such as a competitive or appropriately independent assessment process;
d
an assessment of lessons learnt from similar instruments and ... assessments carried out by the relevant authority in the past, and how such lessons will be applied in the future;
e
the proposed investment strategy, including an examination of options for implementation arrangements within the meaning of Article 38, financial products to be offered, final recipients targeted and envisaged combination with grant support as appropriate;
f
a specification of the expected results and how the financial instrument concerned is expected to contribute to the achievement of the specific objectives set out under the relevant priority including indicators for that contribution;
g
provisions allowing for the ... assessment to be reviewed and updated as required during the implementation of any financial instrument which has been implemented based upon such assessment, where during the implementation phase, the managing authority considers that the ... assessment may no longer accurately represent the market conditions existing at the time of implementation.
3
The
... assessment referred to in paragraph 2 of this Article may take into account the
... evaluations referred to in point (h) of the first subparagraph and the second subparagraph of Article 209(2) of the Financial Regulation and may be performed in stages. It shall, in any event, be completed before the managing authority decides to make programme contributions to a financial instrument.
The summary findings and conclusions of ... assessments in relation to financial instruments shall be published within three months of their date of finalisation.
...
4
Where financial instruments support financing to enterprises ... such support shall target the establishment of new enterprises, early stage-capital, i.e. seed capital and start-up capital, expansion capital, capital for the strengthening of the general activities of an enterprise, or the realisation of new projects, penetration of new markets or new developments by existing enterprises, ... .... Such support may include investment in both tangible and intangible assets as well as working capital ... with a view to stimulating the private sector as a supplier of funding to enterprises. It may also include the costs of transfer of proprietary rights in enterprises provided that such transfers take place between independent investors.
Financial instruments may also provide support in the form of working capital to
businesses
, if necessary as a temporary measure, to provide an effective response to a public health crisis.
5
Investments that are to be supported through financial instruments shall not be physically completed or fully implemented at the date of the investment decision.
6
Where financial instruments provide support to final recipients in respect of infrastructure investments with the objective of supporting urban development or urban regeneration or similar infrastructure investments with the objectives of diversifying non-agricultural activities in rural areas, such support may include the amount necessary for the reorganisation of a debt portfolio regarding infrastructure forming part of the new investment, up to a maximum of 20 % of the total amount of programme support from the financial instrument to the investment.
7
Financial instruments may be combined with grants, interest rate subsidies and guarantee fee subsidies. Where support for rural development is provided by means of financial instruments and combined in a single operation, with other forms of support directly related to financial instruments targeting the same final recipients, including technical support, interest rate subsidies and guarantee fee subsidies, the provisions applicable to financial instruments shall apply to all forms of support within that operation. In such cases, ... separate records shall be maintained for each form of support.
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
The combination of support provided through grants and financial instruments as referred to in paragraph 7 may ... cover the same expenditure item provided that the sum of all forms of support combined does not exceed the total amount of the expenditure item concerned. Grants shall not be used to reimburse support received from financial instruments. Financial instruments shall not be used to pre-finance grants.
10
Contributions in kind shall not constitute eligible expenditure in respect of financial instruments, except for contributions of land or real estate in respect of investments with the objective of supporting rural development, urban development or urban regeneration, where the land or real estate forms part of the investment. Such contributions of land or real estate shall be eligible provided that the conditions laid down in Article 69(1) are met.
11
VAT shall not constitute eligible expenditure of an operation, except in the case of VAT which is non-recoverable under national VAT legislation. The treatment of VAT at the level of investments made by final recipients shall not be taken into account for the purposes of determining the eligibility of expenditure under the financial instrument. However, where financial instruments are combined with grants under paragraph 7 of this Article, the provisions of Article 69(3) shall apply to the grant.
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
The appropriate authority may make regulations in relation to support for rural development laying down additional specific rules on the purchase of land and on combining technical support with financial instruments.

Implementation of financial instruments
Article 38
1
In implementing Article 37, Managing Authorities may provide a financial contribution to financial instruments set up at national, regional, transnational or cross-border level, managed by or under the responsibility of the Managing Authority.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
For financial instruments under ... paragraph 1, the managing authority may provide a financial contribution to the following financial instruments:
a
financial instruments complying with the standard terms and conditions as set out in Regulation (EU) No 964/2014, in accordance with the second subparagraph of this paragraph;
b
already existing or newly created financial instruments which are specifically designed to achieve the specific objectives set out under the relevant priority.
The appropriate authority may make regulations in relation to support for rural development concerning the standard terms and conditions with which the financial instruments under point (a) of the first subparagraph shall comply. ...
4
When supporting financial instruments referred to in point (b) of paragraph 1 the managing authority may:
a
invest in the capital of existing or newly created legal entities dedicated to implementing financial instrument consistent with the objectives of the support for rural development, which will undertake implementation tasks; the support to such entities shall be limited to the amounts necessary to implement new investments in accordance with Article 37 and in a manner that is consistent with the objectives of this Regulation;
b
entrust implementation tasks, through the direct award of a contract, to:
...
2. an international financial institution in which a
relevant authority
is a shareholder;
3. a publicly-owned bank or institution, established as a legal entity carrying out financial activities on a professional basis, which fulfils all of the following conditions:
  - there is no direct private capital participation, with the exception of non-controlling and non-blocking forms of private capital participation required by
the law as it applies in the constituent nation
which do not exert a decisive influence on the relevant bank or institution, and with the exception of forms of private capital participation which confer no influence on decisions regarding the day-to-day management of the financial instrument supported by
support for rural development
;
  - operates under a public policy mandate given by the relevant authority
..., which includes carrying out, as all or part of its activities, economic development activities contributing to the objectives of
support for rural development
;
  - carries out, as all or part of its activities, economic development activities contributing to the objectives of
support for rural development
in regions, policy areas or sectors for which access to funding from market sources is not generally available or sufficient;
  - operates without primarily focussing on maximising profits, but ensures a long-term financial sustainability for its activities;
  - ensures that the direct award of a contract referred to in point (b) does not provide any direct or indirect benefit for commercial activities by way of appropriate measures in accordance with applicable law;
  - is subject to the supervision of an independent authority in accordance with applicable law;
c
entrust implementation tasks to another body governed by public or private law; or
d
undertake implementation tasks directly, in the case of financial instruments consisting solely of loans or guarantees. In that case the managing authority shall be considered to be the beneficiary within the meaning of point (10) of Article 2.
When implementing the financial instrument, the bodies referred to in points (a) to (d) of the first subparagraph of this paragraph shall ensure compliance with applicable law and with the requirements laid down in Article 155(2) and (3) of the Financial Regulation.
...
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
The bodies referred to in points (b) and (c) of the first subparagraph of paragraph 4 to which implementation tasks have been entrusted shall open fiduciary accounts in their name and on behalf of the managing authority, or set up the financial instrument as a separate block of finance within the institution. In the case of a separate block of finance, an accounting distinction shall be made between programme resources invested in the financial instrument and the other resources available in the institution. The assets held on fiduciary accounts and such separate blocks of finance shall be managed in accordance with the principle of sound financial management following appropriate prudential rules and shall have appropriate liquidity.
7
Where a financial instrument is implemented under points (a), (b) and (c) of the first subparagraph of paragraph 4, subject to the implementation structure of the financial instrument, the terms and conditions for contributions from programmes to financial instruments shall be set out in funding agreements in accordance with Annex IV at the following levels:
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
between the duly mandated representatives of the managing authority ... and the body that implements the financial instrument.
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
National public and private contributions, including where relevant contributions in kind as referred to in Article 37(10), may be provided at the level of the ... financial instrument or at the level of final recipients, in accordance with the ... rules.
10
The appropriate authority may make regulations in relation to support for rural development
laying down uniform conditions regarding the detailed arrangements for the transfer and management of programme contributions managed by the bodies referred to in the first subparagraph of paragraph 4 of this Article
... . ...

Management and control of financial instruments
Article 40
1
The
designated authorities
... must not carry out on-the-spot verifications at the level of international financial institutions in which a relevant authority is a shareholder, for financial instruments implemented by them.
However, the designated authorities shall carry out checks in accordance with Article 59(1) of Regulation (EU) No 1306/2013 at the level of other bodies implementing the financial instruments in the jurisdiction of their respective constituent nation.
International financial institutions in which a relevant authority is a shareholder must provide to the designated authorities a control report with each application for payment. They shall also provide to the designated authorities an annual audit report drawn up by their external auditors. Those reporting obligations are without prejudice to the reporting obligations, including as regards the performance of the financial instruments, ... .
......
2
The
bodies responsible for the audit of the programmes shall not carry out audits at the level of
... international financial institutions in which a
relevant authority
is a shareholder, for financial instruments implemented by them.
The bodies responsible for the audit of the programmes shall carry out audits of operations and of management and control systems at the level of other bodies implementing the financial instruments in their respective
constituent nation
and at the level of the final recipients provided that the conditions set out in paragraph 3 are fulfilled.
...
2a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The bodies responsible for the audit of programmes may conduct audits at the level of final recipients only when one or more of the following situations occur:
a
supporting documents, providing evidence of the support from the financial instrument to final recipients and of its use for the intended purposes in line with applicable law, are not available at the level of the managing authority or at the level of the bodies that implement financial instruments;
b
there is evidence that the documents available at the level of the managing authority or at the level of the bodies that implement financial instruments do not represent a true and accurate record of the support provided.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The bodies implementing financial instruments shall be responsible for ensuring that supporting documents are available and shall not impose on final recipients record-keeping requirements that go beyond what is necessary to enable them to fulfil that responsibility.
5a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment applications including expenditure for financial instruments
Article 41
1
As regards financial instruments referred to in points (a) and (c) of Article 38(1), and as regards financial instruments referred to in point (b) of Article 38(1) implemented in accordance with points (a), (b) and (c) of the first subparagraph of Article 38(4), phased applications for interim payment shall be made for programme contributions paid to the financial instrument
... in accordance with the following conditions:
a
the amount of the programme contribution paid to the financial instrument included in each application for interim payment shall not exceed 25% of the total amount of programme contributions committed to the financial instrument under the relevant funding agreement;
b
each application for interim payment referred to in point (a) of this paragraph may include up to 25 % of the total amount of the national co-financing as referred to in Article 38(9) expected to be paid to the financial instrument ... ;
c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)
each application for interim payment, which includes expenditure related to financial instruments, shall separately disclose the total amount of programme contributions paid to the financial instruments ....
...
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The
appropriate authority may make regulations in relation to support for rural development
, laying down the rules for withdrawal of payments to financial instruments and consequent adjustments in respect of applications for payment.
4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interest and other gains generated by support for rural development to financial instruments
Article 43
1
Support for rural development paid to financial instruments shall be placed in accounts domiciled within financial institutions in the constituent nation and shall be invested on a temporary basis in accordance with the principles of sound financial management.
2.
Interest and other gains attributable to support for rural development paid to financial instruments shall be used for the same purposes, including the reimbursement of management costs incurred or payment of management fees of the financial instrument as the initial support for rural development either within the same financial instrument or, following the winding up of the financial instrument, in other financial instruments or forms of support in accordance with the specific objectives set out under a priority, until the end of the eligibility period.
3
The managing authority shall ensure that adequate records of the use of interest and other gains are maintained.

Re-use of resources
Article 45
The relevant authority
shall adopt the necessary measures to ensure that resources paid back to financial instruments, including capital repayments and gains and other earnings or yields generated during a period of at least eight years
..., which are attributable to
support for rural development
to financial instruments pursuant to Article 37, are re-used in accordance with the aims of the programme
..., either within the same financial instrument or, following the exit of those resources from the financial instrument, in other financial instruments provided that, in both cases, an assessment of market conditions demonstrates a continuing need for such investment, or in other forms of support.

Operations generating net revenue after completion
Article 61
1
This Article shall apply to operations which generate net revenue after their completion. For the purposes of this Article, ‘net revenue’ means cash in-flows directly paid by users for the goods or services provided by the operation, such as charges borne directly by users for the use of infrastructure, sale or rent of land or buildings, or payments for services less any operating costs and replacement costs of short-life equipment incurred during the corresponding period. Operating cost-savings generated by the operation, with the exception of cost-savings resulting from the implementation of energy efficiency measures, shall be treated as net revenue unless they are offset by an equal reduction in operating subsidies.
Where not all the investment cost is eligible for co-financing, the net revenue shall be allocated pro rata to the eligible and non-eligible parts of the investment cost.
2
The eligible expenditure of the operation to be co-financed from support for rural development shall be reduced in advance taking into account the potential of the operation to generate net revenue over a specific reference period that covers both implementation of the operation and the period after its completion.
3
The potential net revenue of the operation shall be determined in advance by one of the following methods chosen by the managing authority for a sector, subsector or type of operation:
a
application of a flat rate net revenue percentage for the sector or subsector applicable to the operation as defined in Annex V or in any of the delegated acts referred to in the second, third and fourth subparagraphs;
aa
application of a flat rate net revenue percentage established by a
relevant authority
for a sector or subsector not covered by point (a). Before the application of the flat rate the responsible audit authority shall verify that the flat rate has been established according to a fair, equitable and verifiable method based on historical data or objective criteria;
b
calculation of the discounted net revenue of the operation, taking into account the reference period appropriate to the sector or subsector applicable to the operation, the profitability normally expected of the category of investment concerned, the application of the polluter-pays principle and, if appropriate, considerations of equity linked to the relative prosperity of the relevant authority or region concerned.
The appropriate authority may make regulations in duly justified cases to amend Annex V by adjusting the flat rates established therein taking into account historical data, the potential for cost recovery and the polluter-pays principle where applicable.
...
In addition, the appropriate authority may make regulations in duly justified cases with regard to adding sectors or subsectors ....
Where the method referred to in point (a) of the first subparagraph is applied, all the net revenue generated during implementation and after completion of the operation shall be considered to be taken into account by the application of the flat rate and shall therefore not be deducted subsequently from the eligible expenditure of the operation.
When a flat rate for a new sector or subsector has been established by legislation in accordance with the fourth subparagraph, a managing authority may choose to apply the method set out in point (a) of the first subparagraph for new operations in relation to the sector or subsector concerned.
The appropriate authority may make regulations, laying down the method referred to in point (b) of the first subparagraph. Where that method is applied, the net revenue generated during implementation of the operation, resulting from sources of revenue not taken into account in determining the potential net revenue of the operation, shall be deducted from the eligible expenditure of the operation, no later than in the final payment claim submitted by the beneficiary.
4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Where it is objectively not possible to determine the revenue in advance based on any of the methods set out in paragraph 3, the net revenue generated within three years of the completion of an operation ... shall be deducted from the expenditure declared to the relevant authority.
7
Paragraphs 1 to 6 shall not apply to:
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
operations whose total eligible cost before application of paragraphs 1 to 6 does not exceed £1,000,000;
c
repayable assistance subject to an obligation for full repayment and prizes;
d. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
support to or from financial instruments;
f
operations for which public support takes the form of lump sums or standard scale unit costs;
g
operations implemented under a joint action plan;
h. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Eligibility
Article 65
1
The eligibility of expenditure shall be determined on the basis of national rules, except where specific rules are laid down in, or on the basis of, this Regulation or the Fund-specific rules.
2
Expenditure is eligible for support for rural development if it has been incurred by a beneficiary and paid between 1 January 2021 and 31 December
2030
.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In the case of costs reimbursed pursuant to points (b) and (c) of the first subparagraph of Article 67(1), the actions constituting the basis for reimbursement shall be carried out between 1 January 2021 and 31 December 2030.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Operations shall not be selected for support by support for rural development where they have been physically completed or fully implemented before the application for funding under the programme is submitted by the beneficiary to the managing authority, irrespective of whether all related payments have been made by the beneficiary.
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
This paragraph shall apply to operations which generate net revenue during their implementation and to which paragraphs 1 to 6 of Article 61 do not apply.
The eligible expenditure of the operation receiving support for rural development shall be reduced by the net revenue not taken into account at the time of approval of the operation directly generated only during its implementation, not later than at the final payment claim submitted by the beneficiary. Where not all the costs are eligible for co-financing, the net revenue shall be allocated pro rata to the eligible and non-eligible parts of the cost.
This paragraph shall not apply to:
a
technical assistance;
b
financial instruments;
c
repayable assistance subject to an obligation for full repayment;
d
prizes;
e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f
operations for which public support takes the form of lump sums or standard scale unit costs provided that the net revenue has been taken into account ex ante;
g
operations implemented under a joint action plan provided that the net revenue has been taken into account ex ante;
h
operations for which amounts or rates of support are defined in Annex II to
Regulation (EU) No 1305/2013
or in the EMFF Regulation with the exception of those operations for which reference is made to this paragraph in the EMFF Regulation; or
i
operations for which the total eligible cost does not exceed
GBP 83,333
.
For the purposes of this Article and Article 61, any payment received by the beneficiary arising from contractual penalties as a result of a breach of contract between the beneficiary and a third party or third parties or that has occurred as a result of the withdrawal of an offer by a third party chosen under public procurement rules (the 'deposit') shall not be considered as revenue and shall not be deducted from the eligible expenditure of the operation.
9
Expenditure that becomes eligible as a result of an amendment to a programme shall only be eligible from the date of adoption of that amendment by the Scottish Ministers.
The Fund-specific rules for the EMFF may derogate from the first subparagraph.
10
By way of derogation from paragraph 9, specific provisions on the starting date of eligibility may be established in Regulation (EU) No 1305/2013.
By way of derogation from paragraph 9, expenditure for operations for fostering crisis response capacities in the context of the COVID-19 outbreak shall be eligible as of 1 February 2020.
11
An operation may receive support for rural development or from one or more programmes and from CMO support or direct payment support or support under other
assimilated direct
legislation, provided that the expenditure declared is not declared more than once.

Eligibility
Article 65
1
The eligibility of expenditure shall be determined on the basis of national rules, except where specific rules are laid down in, or on the basis of, this Regulation or the rural development rules.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Operations shall not be selected for support by support for rural development where they have been physically completed or fully implemented before the application for funding under the programme is submitted by the beneficiary to the managing authority, irrespective of whether all related payments have been made by the beneficiary.
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
This paragraph shall apply to operations which generate net revenue during their implementation and to which paragraphs 1 to 6 of Article 61 do not apply.
The eligible expenditure of the operation receiving support for rural development shall be reduced by the net revenue not taken into account at the time of approval of the operation directly generated only during its implementation, not later than at the final payment claim submitted by the beneficiary. Where not all the costs are eligible for co-financing, the net revenue shall be allocated pro rata to the eligible and non-eligible parts of the cost.
This paragraph shall not apply to:
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
financial instruments;
c
repayable assistance subject to an obligation for full repayment;
d
prizes;
e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f
operations for which public support takes the form of lump sums or standard scale unit costs provided that the net revenue has been taken into account ...;
g
operations implemented under a joint action plan provided that the net revenue has been taken into account ...;
h. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
i
operations for which the total eligible cost does not exceed EUR 100 000.
For the purposes of this Article and Article 61, any payment received by the beneficiary arising from contractual penalties as a result of a breach of contract between the beneficiary and a third party or third parties or that has occurred as a result of the withdrawal of an offer by a third party chosen under public procurement rules (the 'deposit') shall not be considered as revenue and shall not be deducted from the eligible expenditure of the operation.
9
Expenditure that becomes eligible as a result of an amendment to a programme shall only be eligible from the date of submission to the relevant authority of the request for amendment ....
...
10
By way of derogation from paragraph 9, specific provisions on the starting date of eligibility may be established in Regulation (EU) No 1305/2013.
...
11
An operation may receive support for rural development or from one or more programmes and from CMO support
... or support under other
assimilated direct
legislation, provided that the expenditure declared is not declared more than once.

Forms of grants and repayable assistance
Article 67
1
Grants and repayable assistance may take any of the following forms:
a
reimbursement of eligible costs actually incurred and paid, together with, where applicable, contributions in kind and depreciation;
b
standard scales of unit costs;
c
lump sums;
d
flat-rate financing, determined by the application of a percentage to one or more defined categories of costs;
e
financing which is not linked to costs of the relevant operations but is based on the fulfilment of conditions related to the realisation of progress in implementation or the achievement of objectives of programmes as set out in
legislation made under
paragraph 5a.
Rules may limit the forms of grants or repayable assistance applicable to certain operations.
For the form of financing referred to in point (e) of the first subparagraph, the audit shall exclusively aim at verifying that the conditions for reimbursement have been fulfilled.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2a
...
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 the first subparagraph of paragraph 1.
For operations
receiving support for rural development
, where the flat rate referred to in Article 68b(1) is used, the allowances and the salaries paid to participants may be reimbursed in accordance with point (a) of the first subparagraph of paragraph 1 of this Article.
...
3
The options referred to in paragraph 1 may be combined only where each option covers different categories of costs or where they are used for different projects forming a part of an operation or for successive phases of an operation.
4
Where an operation or a project forming a part of an operation is implemented exclusively through the public procurement of works, goods or services, only points (a) and (e) of the first subparagraph of paragraph 1 shall apply. Where the public procurement within an operation or project forming part of an operation is limited to certain categories of costs, all the options referred to in paragraph 1 may be applied for the whole operation or project forming a part of an operation.
5
The amounts referred to in points (b), (c) and (d) of the first subparagraph of paragraph 1 shall be established in one of the following ways:
a
a fair, equitable and verifiable calculation method based on any of the following:
1. statistical data, other objective information or an expert judgement;
2. the verified historical data of individual beneficiaries;
3. the application of the usual cost accounting practices of individual beneficiaries;
aa
a draft budget established on a case-by-case basis and agreed
... by the managing authority, or in the case of
support for rural development
the authority responsible for the selection of operations, where the public support does not exceed
£100 000
;
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
in accordance with the rules for application of corresponding scales of unit costs, lump sums and flat rates applied under schemes for grants funded entirely by the relevant authority for a similar type of operation and beneficiary;
d
rates established by this Regulation ...;
e
specific methods for determining amounts established ....
5a
The
appropriate authority may make regulations
supplementing this Regulation with regard to the definition of the standard scales of unit costs or the flat-rate financing referred to in points (b) and (d) of the first subparagraph of paragraph 1 of this Article, the related methods referred to in point (a) of paragraph 5 of this Article and the form of support referred to in point (e) of the first subparagraph of paragraph 1 of this Article, by specifying detailed modalities concerning the financing conditions and their application.
6
The document setting out the conditions for support for each operation shall set out the method to be applied for determining the costs of the operation and the conditions for payment of the grant.

Eligibility of operations depending on location
Article 70
1
Subject to the derogations referred to in paragraph 2
..., operations supported by
support for rural development
shall be located in the programme area.
Operations concerning the provision of services to citizens or businesses which cover the whole territory of a
relevant authority
shall be considered as being located in all programme areas within a
constituent nation
. In such cases, expenditure shall be allocated to the concerned programme areas on a pro-rata basis, based on objective criteria.
...
2
The managing authority may accept that an operation is implemented outside the programme area
... provided that all the following conditions are satisfied:
a
the operation is for the benefit of the programme area;
b
the total amount allocated under the programme to operations located outside the programme area does not exceed 15% of the support for rural development at the level of the priority at the time of the adoption of the programme;
c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
the obligations of the authorities for the programme in relation to management, control and audit concerning the operation are fulfilled by the authorities responsible for the programme under which that operation is supported or they enter into agreements with authorities in the area in which the operation is implemented.
Where operations
... are implemented outside the programme area in accordance with this paragraph and have benefits both outside and within the programme area, such expenditure shall be allocated to those areas on a pro rata basis based on objective criteria.
...
3
For operations concerning
... information, communication and visibility measures and promotional activities
... expenditure may be incurred outside
the constituent nations
provided that the expenditure is necessary for the satisfactory implementation of the operation.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Durability of operations
Article 71
1
An operation comprising investment in infrastructure or productive investment shall repay the contribution from support for rural development if within five years of the final payment to the beneficiary it is subject to any of the following:
a
a cessation or relocation of a productive activity outside the programme area;
b
a change in ownership of an item of infrastructure which gives to a firm or a public body an undue advantage;
c
a substantial change affecting its nature, objectives or implementation conditions which would result in undermining its original objectives.
Sums unduly paid in respect of the operation shall be recovered by the relevant authority in proportion to the period for which the requirements have not been fulfilled.
...
2
An operation comprising investment in infrastructure or productive investment shall repay the contribution from support for rural development if within 10 years of the final payment to the beneficiary the productive activity is subject to relocation outside the United Kingdom and its territorial sea.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Paragraphs 1 and 2
of this Article shall not apply to contributions to or by financial instruments or for lease purchase under point (b) of Article 45(2) of Regulation (EU) No 1305/2013 nor to any operation which undergoes cessation of a productive activity due to a non-fraudulent bankruptcy.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Currency
Article 80
Amounts set out in programmes relating to support for rural development, forecasts of expenditure,
statutory reporting
and expenditure mentioned in the annual and final implementation reports shall be denominated in
sterling (GBP)
.
Substituted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
Substituted by Corrigendum to 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 1083/2006 (Official Journal of the European Union L 347 of 20 December 2013).
Inserted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
Inserted by Regulation (EU) 2020/558 of the European Parliament and of the Council of 23 April 2020 amending Regulations (EU) No 1301/2013 and (EU) No 1303/2013 as regards specific measures to provide exceptional flexibility for the use of the European Structural and Investments Funds in response to the COVID-19 outbreak.
Deleted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
Inserted by Regulation (EU) 2020/460 of the European Parliament and of the Council of 30 March 2020 amending Regulations (EU) No 1301/2013, (EU) No 1303/2013 and (EU) No 508/2014 as regards specific measures to mobilise investments in the healthcare systems of Member States and in other sectors of their economies in response to the COVID-19 outbreak (Coronavirus Response Investment Initiative).
Inserted by Regulation (EU) 2020/2221 of the European Parliament and of the Council of 23 December 2020 amending Regulation (EU) No 1303/2013 as regards additional resources and implementing arrangements to provide assistance for fostering crisis repair in the context of the COVID-19 pandemic and its social consequences and for preparing a green, digital and resilient recovery of the economy (REACT-EU).
Inserted by Regulation (EU) 2015/1839 of the European Parliament and of the Council of 14 October 2015 amending Regulation (EU) No 1303/2013 as regards specific measures for Greece.
Substituted by Regulation (EU) 2020/1542 of the European Parliament and of the Council of 21 October 2020 amending Regulation (EU) No 1303/2013 as regards the adjustment of annual pre-financing for the years 2021 to 2023.
Inserted by Regulation (EU) 2020/1542 of the European Parliament and of the Council of 21 October 2020 amending Regulation (EU) No 1303/2013 as regards the adjustment of annual pre-financing for the years 2021 to 2023.
Words in Art. 49(4) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(3)(b) (as amended by S.I. 2020/1542, regs. 1(2), 13(7)(a)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 27(1) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
Art. 53 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(5); 2020 c. 1, Sch. 5 para. 1(1)
Art. 154 omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(34)
Words in Art. 33(1)(c) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(7)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 2(33) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(o) (as amended by S.I. 2020/1542, regs. 1(2), 13(2)(b)(v)); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 65(4) substituted (S.) (1.1.2021) by The Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/477), regs. 1(2), 2(7)(b)(i)
Art. 38(8) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(13)(c)
Art. 51 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(5); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 50(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 64(1)(b) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 61(3) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(21)(a)
Words in Art. 68a(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(10)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 42(3) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(3) (with Sch. 3)
Words in Art. 4(9) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(3)(g)(i); 2020 c. 1, Sch. 5 para. 1(1)
Art. 37(12) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(2)(f) (with Sch. 3)
Words in Art. 44(1)(b) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(8)(b) (as amended by S.I. 2020/1542, regs. 1(2), 13(6)(f)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 5.2(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(8)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 56(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(8)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 48(1) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(4) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(12)(e)(i)(aa)
Words in Art. 70(1) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(28)(a)(ii)
Pt. 2 heading substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(1) (as amended by S.I. 2020/1542, regs. 1(2), 13(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 71(5) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(14)(e); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Title 9 Ch. 2 omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(30)
Art. 2(47) inserted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 74 (as amended S.I. 2020/1542, regs. 1(2), 14, which amendment included the omission of para 47(a)); 2020 c. 1, Sch. 5 para. 1(1)
Word in Annex 1 para. 4.1(1) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(7)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 67(5)(aa) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(8)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 70(3) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(28)(c)(i)
Annexes 6-10 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 21; 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(16) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(h); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 6.2 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(9)(b)(i) (as amended by S.I. 2020/1542, regs. 1(2), 13(11)(e)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 7.1(6) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(10)(a)(iv)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Art. 42 omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(16)
Regulation: power to modify conferred (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 19, 56(2)(c) (with s. 20)
Words in Art. 41(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 79; 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 2 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(5)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Art. 61(8) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(5) (with Sch. 3)
Words in Art. 37(11) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(12)(g)
Pt. 3 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 14; 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 61(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 81(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 61(5) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(2)(d); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 27(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(2)(b) (as amended by S.I. 2020/1542, regs. 1(2), 13(5)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 8 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(7)(a)(i) (as amended by S.I. 2020/1542, regs. 1(2), 13(3)(e)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(20) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(j); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 38(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 78(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Art. 3 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(u); 2020 c. 1, Sch. 5 para. 1(1)
Annex 1 para. 6.4(a) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(9)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 4.1(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(7)(b)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Art. 61(4) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
Art. 41(1)(c) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(15)(a)(iv)
Art. 2(21) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(3)(f)
Words in Art. 71(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(14)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 7.1(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(10)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(7) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(1)(e) (as amended by S.I. 2020/1542, regs. 1(2), 13(6)(a)(iii)); 2020 c. 1, Sch. 5 para. 1(1)
Word in Annex 1 para. 3.1 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(6)(a)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 4.1(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(7)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Art. 61(7)(a) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(2)(f)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 67(5)(e) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(26)(c)(iii)
Words in Art. 38(4)(b)(ii) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(2)(d)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 65(8)(h) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(d)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 50(6) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(4)(f); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 67(2a) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(8)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 4 para. 2(c) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 20(3) (as amended by S.I. 2020/1542, regs. 1(2), 13(12)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 4(9) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(4)(d)
Words in Annex 1 para. 4.2(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(7)(c)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 4 para. 1(j) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 20(2)(d) (as amended by S.I. 2020/1542, regs. 1(2), 13(12)(a)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 4 para. 1(f) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 20(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
Art. 10(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 6(2)(b) (as amended by S.I. 2020/1542, regs. 1(2), 13(4)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 61(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 81(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 68 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(9)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 61(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 81(d); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 6.4(d) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(9)(d)(iv)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 68 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(9)(b); 2020 c. 1, Sch. 5 para. 1(1)
Annex 2 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 19; 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 70(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(13)(a)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Art. 32(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(6)(a) (as amended by S.I. 2020/1542, regs. 1(2), 13(5)(c)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 38(10) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(13)(e)
Art. 57 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(9); 2020 c. 1, Sch. 5 para. 1(1)
Annex 1 para. 3.1(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(6)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 6.4(b) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(9)(d)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 47(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(1)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 3.3(4) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(6)(c)(iv) (as amended by S.I. 2020/1542, regs. 1(2), 13(11)(d)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 65(11) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(g) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(e)(vii)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 52 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(5); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(9) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(2)(e) (with Sch. 3)
Words in Art. 67(5)(c) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(8)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 4 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(7)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 59(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 10(2)(a)(ii) (as amended by S.I. 2020/1542, regs. 1(2), 13(8)(a)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 70(2)(c) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(28)(b)
Words in Art. 45 omitted (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(19)(c)
Annex 1 para. 1 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(4) (as amended by S.I. 2020/1542, regs. 1(2), 13(11)(c)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 6.4 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(9)(d)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 11 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 6(3)(b) (as amended by S.I. 2020/1542, regs. 1(2), 13(4)(c)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 65(8)(e) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(7) (with Sch. 3)
Words in Art. 71(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(14)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 5.3(4) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(8)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 65(10) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(24)(f)
Regulation: power to modify conferred (W.) (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 5 para. 6 (with s. 47)
Arts. 81-88 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 13(3); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 59(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 10(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 62 omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(6) (with Sch. 3)
Words in Art. 37(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(1)(b) (as amended by S.I. 2020/1542, regs. 1(2), 13(6)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 54(1) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(6)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 7.1(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(10)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Art. 47(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(1)(a); 2020 c. 1, Sch. 5 para. 1(1)
Art. 50(3) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(4)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 33(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(7)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 5.3(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(8)(c)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 4 para. 1(i) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 20(2)(d) (as amended by S.I. 2020/1542, regs. 1(2), 13(12)(a)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(8) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(e) (as amended by S.I. 2020/1542, regs. 1(2), 13(2)(b)(iii)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 2 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(5)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 5.3(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(8)(c)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Art. 50(7)(8) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(4)(g); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 35 heading omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(9); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 5.6 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(8)(f); 2020 c. 1, Sch. 5 para. 1(1)
Art. 67(5)(b) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(8)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 67(1) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(26)(a)
Words in Art. 67(5a) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 84(b); 2020 c. 1, Sch. 5 para. 1(1)
Arts. 20-25 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 6(7); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 38(10) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 78(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 67(1)(e) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 84(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 54(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(6)(a)(i) (as amended by S.I. 2020/1542, regs. 1(2), 13(7)(c)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 70(1) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(28)(a)(i)
Words in Art. 66 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(7)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 40(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(4)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Word in Annex 1 para. 3.3(1) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(6)(c)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 11(e) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 6(3)(d); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 45 omitted (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(19)(b)
Art. 32(5) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(6)(d) (as amended by S.I. 2020/1542, regs. 1(2), 13(5)(c)(iii)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 27(7) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(2)(f); 2020 c. 1, Sch. 5 para. 1(1)
Arts. 150-153 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 17(1); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 4(4) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(4)(c)(i)
Words in Art. 27(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(2)(c)(i) (as amended by S.I. 2020/1542, regs. 1(2), 13(5)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(5) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
Word in Annex 11 Pt. 2 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 22(3)(h); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 4(10) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(4)(e)
Words in Art. 42(6) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 80(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 11 Pt. 2 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 22(3)(c) (as amended by S.I. 2020/1542, regs. 1(2), 13(13)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 6.4 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(9)(d)(i)(dd); 2020 c. 1, Sch. 5 para. 1(1)
Annex 1 para. 3.2(1)(f) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(6)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Art. 125(2)(b) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(31)
Word in Annex 11 Pt. 2 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 22(3)(d); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(30) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(3)(h)
Words in Art. 33(5) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(7)(d); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(38) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(3)(i)
Art. 2(5) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(3)(b)
Annex 1 paras. 4.3-4.9 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(7)(d); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Title 3 Ch. 1 omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(8)
Words in Art. 40(1) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(14)(a)(ii)
Words in Annex 1 para. 6.5 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(9)(e); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 6.3 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(9)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 7 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(6); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 70(3) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(28)(c)(ii)
Art. 59(1A) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 10(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 71(1) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(8)(a) (with Sch. 3)
Words in Art. 37(2)(a) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(12)(c)
Words in Art. 43a(3) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(7)(c); 2020 c. 1, Sch. 5 para. 1(1)
Art. 65(2) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(24)(b)
Regulation: power to modify conferred (N.I.) (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 6 para. 7
Annex 1 para. 3.3(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(6)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 59(3)(b) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 10(2)(d)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 70(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(13)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)
Art. 56(4) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(8)(d); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 65(9) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 4 heading substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(3) (as amended by S.I. 2020/1542, regs. 1(2), 13(11)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 54(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 11(f) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 6(3)(e); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 5.1(1) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(8)(a)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)
Art. 125(2)(a) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(31)
Words in Art. 61(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 81(e); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Title 8 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 12; 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(39) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(3)(i)
Art. 149 substituted for Arts. 149, 150 (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 86; 2020 c. 1, Sch. 5 para. 1(1)
Art. 61(5) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(21)(b)
Words in Annex 1 para. 5.5(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(8)(e)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 6.1 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(9)(a); 2020 c. 1, Sch. 5 para. 1(1)
Sum in Art. 61(7)(b) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(21)(d)(i)
Words in Art. 2(21) inserted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(k) (as amended by S.I. 2020/1445, regs. 1(2)(a), 14(2)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 127(1) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(32)(a)
Art. 2(4) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(b) (as amended by S.I. 2020/1542, regs. 1(2), 13(2)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 65(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 38(9) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(13)(d)(i)
Words in Art. 40(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(4)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 70(3) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(13)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 70(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(13)(a)(i) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(i)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Title 2 omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(7)
Art. 38(4)(a) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(2)(d)(i) (as amended by S.I. 2020/1542, regs. 1(2), 13(6)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 33(4) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(7)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 61(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 81(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
Art. 50(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 41(1) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(15)(a)(vi)
Words in Annex 1 para. 4 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(7)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 4(9) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(3)(g)(ii) (as amended by S.I. 2020/1542, regs. 1(2), 13(3)(c)(iv)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 45 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(9)(a); 2020 c. 1, Sch. 5 para. 1(1)
Art. 38(4)(b)(i) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(2)(d)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(2)(d) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(1)(d); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 8 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 76; 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 67(5)(aa) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(26)(c)(i)(aa)
Words in Art. 63(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(4)(b) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(c)); 2020 c. 1, Sch. 5 para. 1(1)
Word in Annex 11 Pt. 2 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 22(3)(f); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(37) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(r) (as amended by S.I. 2020/1542, regs. 1(2), 13(2)(b)(vii)); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 38(9) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(13)(d)(ii)
Art. 10(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 6(2)(a) (as amended by S.I. 2020/1542, regs. 1(2), 13(4)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 38(7)(b) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(13)(b)(ii)
Art. 40(2a) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(4)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 2(29) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(m); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 68a(3) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(10)(b); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 59(1) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 10(2)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 4.1(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(7)(b)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 59(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 10(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 64(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 83; 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 41(1) omitted (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(15)(a)(i)
Art. 5(5)(6) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(4)(d); 2020 c. 1, Sch. 5 para. 1(1)
Annex 1 para. 7.1(3)-(5) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(10)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Annex 1 para. 4.2(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(7)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Art. 58 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 10(1); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 69(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(12)(a)(i)(aa) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(h)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 5.4(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(8)(d); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 6.4(d) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(9)(d)(iv)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Title 9 Ch. 1 omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(30)
Words in Art. 61 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 43a(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(7)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 40(1) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(14)(a)(iii)
Word in Art. 27(4) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(2)(e); 2020 c. 1, Sch. 5 para. 1(1)
Art. 67(2) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(26)(b)
Words in Art. 65(9) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(24)(e)
Words in Art. 9 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 6(1)(b) (as amended by S.I. 2020/1542, regs. 1(2), 13(4)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 43a(1) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(7)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 2 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(5)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(7) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(2)(d) (with Sch. 3)
Word in Annex 1 para. 4 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(7)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)
Art. 41(2) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(15)(b)
Words in Art. 8 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(7)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(4) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(2)(c)(ii) (with Sch. 3)
Art. 38(7)(a) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(13)(b)(i)
Words in Art. 2(19) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(i); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(40)-(45) inserted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(t) (as amended by S.I. 2020/1445, regs. 1(2)(a), 14(2); S.I. 2020/1542, regs. 1(2), 13(2)(b)(ix)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 69(1)(d) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(12)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 5.5(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(8)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 4(10) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(3)(g)(ii) (as amended by S.I. 2020/1542, regs. 1(2), 13(3)(c)(iv)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 30 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(4); 2020 c. 1, Sch. 5 para. 1(1)
Art. 37(13) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 77; 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 34(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(8); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 4.1(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(7)(b)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 40(5A) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(4)(d); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 1 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(1)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 5.2(1) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(8)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Title 7 Ch. 2 heading substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(22)
Art. 65(7) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(cb) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(e)(iv)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 69(3) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(12)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Art. 47(3) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(1)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 4.1(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(7)(b)(ii)(dd); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 67(2a) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(8)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 71(4) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(29)(c)
Words in Art. 56(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(8)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 65(8) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(d)(i) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(e)(v)(aa)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 61(6) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(21)(c)(ii)
Words in Annex 11 Pt. 2 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 22(3)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(6) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(d) (as amended by S.I. 2020/1542, regs. 1(2), 13(2)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Annexes 12-14 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 23; 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 63(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 82(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 9(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 6(1)(a) (as amended by S.I. 2020/1542, regs. 1(2), 13(4)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Annex 1 omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(35)
Art. 26 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(1) (as amended by S.I. 2020/1542, regs. 1(2), 13(5)(a)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 64(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 11 Pt. 2 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 22(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 2(10) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(f); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 44(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(8)(a) (as amended by S.I. 2020/1542, regs. 1(2), 13(6)(f)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 5.5(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(8)(e)(ii)(cc); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 4(2) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(4)(b)(ii)
Words in Art. 59(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 10(2)(a)(iii) (as amended by S.I. 2020/1542, regs. 1(2), 13(8)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 1 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(1)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 4(10) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(3)(g)(i); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(1) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 2(28) inserted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(l) (as amended by S.I. 2020/1445, regs. 1(2)(a), 14(2)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 41(4) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 14(4); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 41(1)(b) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(15)(a)(iii)
This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only
Words in Annex 4 para. 1 omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(36)(a)(iv)
Words in Annex 1 para. 3.3(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(6)(c)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Annex 11 Pt. 1 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 22(2); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37 omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(12)(a)
Art. 2(15) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(3)(e)
Words in Art. 46(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(10)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 43a(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(7)(a)(i) (as amended by S.I. 2020/1542, regs. 1(2), 13(6)(e)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 28 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(3); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 6.3 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(9)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 37(4) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(12)(e)(ii)
Words in Art. 71(1) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(29)(a)(i)
Words in Art. 11(c) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 6(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 70(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(13)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 63(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 82(b); 2020 c. 1, Sch. 5 para. 1(1)
Word in Annex 1 para. 5.5(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(8)(e)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 48(5) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(2)(e); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 80 substituted (S.) (1.1.2021) by The Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/477), regs. 1(2), 2(9)(b)
Words in Art. 4(4) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(4)(c)(ii)
Words in Art. 42(4)(a) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(5) (as amended by S.I. 2020/1542, regs. 1(2), 13(6)(c)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 3.1 substituted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(6)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 38(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 78(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 10(3) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 6(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 11 Pt. 2 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 22(3)(a) (as amended by S.I. 2020/1542, regs. 1(2), 13(13)(a)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 71(2) omitted (31.12.2020 immediately after IP completion day) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(3), Sch. 1 para. 7(8)(b) (with Sch. 3)
Words in Art. 62 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(3) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Arts. 13-18 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 6(5); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 4.1(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(7)(b)(ii)(ee); 2020 c. 1, Sch. 5 para. 1(1)
Annex 4 para. 1(d) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(36)(a)(i)
Words in Annex 1 para. 5.3(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(8)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 38(4)(b)(iii) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(2)(d)(ii)(cc); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Title 1 heading substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(2) (as amended by S.I. 2020/1542, regs. 1(2), 13(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 61(6) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(2)(e); 2020 c. 1, Sch. 5 para. 1(1)
Annex 1 para. 2 heading substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(33) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(3)(h)
Art. 2(10)(a) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(3)(c)(i)
Words in Annex 1 para. 4 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(7)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Art. 36 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(11); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 35(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(10) (as amended by S.I. 2020/1542, regs. 1(2), 13(5)(e)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(2)(b) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(1)(c) (as amended by S.I. 2020/1542, regs. 1(2), 13(6)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(31)(32) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(n); 2020 c. 1, Sch. 5 para. 1(1)
Art. 4(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(3)(a) (as amended by S.I. 2020/1542, regs. 1(2), 13(3)(c)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 40(4) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(4)(c); 2020 c. 1, Sch. 5 para. 1(1)
Art. 44 heading substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(18)
Words in Art. 2(10)(b) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(3)(c)(ii)
Art. 48(3)(4) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(2)(d); 2020 c. 1, Sch. 5 para. 1(1)
Art. 46(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 14(5); 2020 c. 1, Sch. 5 para. 1(1)
Art. 5 omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(5)
Art. 65(3) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 38(3) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(15) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(g) (as amended by S.I. 2020/1542, regs. 1(2), 13(2)(b)(iv)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 65(4) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(24)(c)
Art. 46(4) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(10)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 65(9) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 5.2(1) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(8)(b)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)
Art. 132(2)(a) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(33)(b)
Annex 3 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 19; 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 48 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 63(1)(b) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
Art. 12 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 6(4); and The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 14(2); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 127(1) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(32)(b)
Word in Annex 1 para. 4.1(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(7)(b)(ii)(cc); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 61(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(2)(a) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 69(3) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(12)(b)(i) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(h)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 6.3 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(9)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 4(5) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(3)(e) (as amended by S.I. 2020/1542, regs. 1(2), 13(3)(c)(iii)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 68b substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(11)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 61(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 81(a); 2020 c. 1, Sch. 5 para. 1(1)
Art. 32(1) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(9)(a)
Words in Art. 34(3) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(10)
Words in Art. 40(1) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(14)(a)(i)(bb)
Words in Art. 68 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 85; 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 40(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(4)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Word in Annex 1 para. 6.4 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(9)(d)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 32(5) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(9)(b)
Words in Annex 1 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(2) (as amended by S.I. 2020/1542, regs. 1(2), 13(11)(a)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 4 para. 1(e) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 20(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
Art. 4(6)(7)(8) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(3)(f); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 6.2 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(9)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Art. 55 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(7); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 42(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 80(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 2(26) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(3)(g)
Words in Art. 80 substituted (S.) (1.1.2021) by The Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/477), regs. 1(2), 2(9)(c)
Words in Annex 1 para. 4.2(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(7)(c)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(4) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(12)(e)(i)(bb)
Regulation revoked in so far as relating to the European Maritime and Fisheries Fund (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), reg. 1(3), Sch. Pt. 2
Art. 29 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(3); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(35) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(p); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 5.3(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(8)(c)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)
Sum in Art. 67(5)(aa) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(26)(c)(i)(bb)
Words in Art. 45 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(9)(b) (as amended by S.I. 2020/1542, regs. 1(2), 13(6)(g)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(3) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(12)(d)
Annex 4 para. 2 omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(36)(b)
Words in Art. 1 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(1)(e) (as amended by S.I. 2020/1542, regs. 1(2), 13(2)(a)(iv)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 65(10) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(f); 2020 c. 1, Sch. 5 para. 1(1)
Art. 80 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 13(2); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 6.4 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(9)(d)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 4 para. 1(e) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(36)(a)(ii)
Annex 1 para. 3.2(1)(b) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(6)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Art. 39a omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(3); 2020 c. 1, Sch. 5 para. 1(1)
Regulation: power to modify conferred (E.) (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), ss. 16, 57(1)(b)(c)(6)
Art. 41(1)(a) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(15)(a)(ii)
Art. 71(3) omitted (31.12.2020 immediately after IP completion day) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(3), Sch. 1 para. 7(8)(c) (with Sch. 3)
Words in Art. 27(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(2)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 2(34) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(o) (as amended by S.I. 2020/1542, regs. 1(2), 13(2)(b)(v)); 2020 c. 1, Sch. 5 para. 1(1)
Annex 1 para. 2(3) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(5)(e); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 5.1(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(8)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(22) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(j); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 4(4) substituted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(3)(d); 2020 c. 1, Sch. 5 para. 1(1)
Art. 71(2) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(29)(b)
Art. 43(2) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(17)
Art. 1 substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(2)
Words in Art. 37(4) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(2)(c)(i) (with Sch. 3)
Words in Annex 1 para. 4.2(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(7)(c)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 5.1(1) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(8)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Sum in Art. 2(10)(a) substituted (S.) (1.1.2021) by The Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/477), regs. 1(2), 2(2)
Words in Art. 37(2)(b) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(2)(b) (with Sch. 3)
Words in Art. 41(1)(d) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(15)(a)(v)
Words in Art. 32(3) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(6)(b) (as amended by S.I. 2020/1542, regs. 1(2), 13(5)(c)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 4(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(3)(b) (as amended by S.I. 2020/1542, regs. 1(2), 13(3)(c)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 38(5) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(13)(a)
Arts. 46-59 omitted (W.) in so far as relate to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(20)
Words in Art. 71 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(14)(a) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(j)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 61(7)(d) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(21)(d)(ii)
Words in Signature omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 17(2); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 64(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(5)(a)(i) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(d)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 31 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(5); 2020 c. 1, Sch. 5 para. 1(1)
Art. 8(2) substituted for words in Art. 8 (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(7)(b) (as amended by S.I. 2020/1542, regs. 1(2), 13(3)(e)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 40(1) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(14)(a)(i)(aa)
Words in Art. 67(5)(d) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(26)(c)(ii)
Art. 45 heading substituted (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(19)(a)
Words in Art. 64(1) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(23)
Annex 1 paras. 7.2-7.4 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(10)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 56(3) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(8)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 4 para. 1(k) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(36)(a)(iii)
Sum in Art. 65(8)(i) substituted (S.) (1.1.2021) by The Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/477), regs. 1(2), 2(7)(c)
Words in Art. 38(4) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 78(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 2 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
Art. 11(a) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 6(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 5.1(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(8)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 65(6) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(ca) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(e)(iv)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 2(30) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(m); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 5(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(4)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 68b substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(11)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 50 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(4)(d) (as amended by S.I. 2020/1542, regs. 1(2), 13(7)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(29) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(3)(h)
Words in Art. 56(3) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(8)(c)(i) (as amended by S.I. 2020/1542, regs. 1(2), 13(7)(d)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 43 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(6)(a) (as amended by S.I. 2020/1542, regs. 1(2), 13(6)(d)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 65(8)(f) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(24)(d)(ii)
Words in Annex 11 Pt. 2 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 22(3)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 1 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(1)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(1) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(12)(b)(i)
Art. 65(8)(h) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(24)(d)(iv)
Words in Art. 61(7) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(21)(d)(iv)
Word in Art. 35(2) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(11)
Art. 6 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(5) (as amended by S.I. 2020/1542, regs. 1(2), 13(3)(d)); 2020 c. 1, Sch. 5 para. 1(1)
Sum in Art. 61(7) substituted (S.) (1.1.2021) by The Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/477), regs. 1(2), 2(6)
Arts. 76-79 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 13(1); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(1) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(12)(b)(ii)
Art. 37(8) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(1)(f); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 49(1) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
Art. 8(2) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(6)
Art. 32(4) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(6)(c); 2020 c. 1, Sch. 5 para. 1(1)
Art. 38(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
Art. 40(5a) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(14)(c)
Words in Art. 33(1)(g) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(7)(a)(ii) (as amended by S.I. 2020/1542, regs. 1(2), 13(5)(d)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 48 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 1 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(1)(a) (as amended by S.I. 2020/1542, regs. 1(2), 13(2)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 65(1) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(24)(a)
Art. 70(2)(b) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(13)(b)(ii) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(i)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Sum in Art. 67(5)(aa) substituted (S.) (1.1.2021) by The Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/477), regs. 1(2), 2(8)
Words in Art. 42(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 80(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(9) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(12)(f)
Art. 5(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 75; 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 5(1)(a) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 50(5) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(4)(e); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 3.2(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(6)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 40(2) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(14)(b)
Art. 65(8)(a) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(24)(d)(i)
Words in Annex 1 para. 3.3(1) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(6)(c)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 9 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 6(1)(c) (as amended by S.I. 2020/1542, regs. 1(2), 13(4)(a)(iii)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 9 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 6(1)(d) (as amended by S.I. 2020/1542, regs. 1(2), 13(4)(a)(iv)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(27) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(3)(h)
Words in Art. 38(10) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 78(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(23) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(j); 2020 c. 1, Sch. 5 para. 1(1)
Art. 4(3) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 7.1(6) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(10)(a)(iv)(cc); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 65(9) substituted (S.) (1.1.2021) by The Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/477), regs. 1(2), 2(7)(d)
Words in Annex 1 para. 3.1 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(6)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 5(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(4)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 71(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(14)(c); 2020 c. 1, Sch. 5 para. 1(1)
Art. 5(4) omitted (S.) (31.12.2020) by virtue of The Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/477), regs. 1(3), 2(3)
Art. 70(4) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(13)(d); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 38(4)(b)(iii) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 14(3); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(28) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(3)(h)
Words in Art. 43 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(42) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(3)(i)
Words in Art. 4(2) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(4)(b)(i)
Words in Art. 40(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
Art. 60 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(1); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 61(7)(h) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(2)(f)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Art. 61(7)(h) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(21)(d)(iii)
Words in Annex 4 para. 1 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 20(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 46(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(10)(b) (as amended by S.I. 2020/1542, regs. 1(2), 13(6)(h)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 65(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(b)(i) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(e)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 38(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 5(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
Art. 39 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(3); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 33(6) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(7)(e); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 54(3) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 9(6)(c); 2020 c. 1, Sch. 5 para. 1(1)
Art. 59(3)(a) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 10(2)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 66 omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(25)
Word in Art. 132(1) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(33)(a)
Art. 2(4) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(3)(a)
Annex 11 omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(37)
Words in Art. 65(8)(g) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(24)(d)(iii)
Art. 2(13) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(3)(d)
Words in Annex 1 para. 5.2(1) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(8)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 66 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(7)(a) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(f)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 27(3) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(2)(d); 2020 c. 1, Sch. 5 para. 1(1)
Art. 80 heading substituted (S.) (1.1.2021) by The Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/477), regs. 1(2), 2(9)(a)
Words in Art. 38(4)(b)(iii) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(2)(d)(ii)(dd) (as amended by S.I. 2020/1542, regs. 1(2), 13(6)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 65(11) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(24)(g)
Words in Annex 11 Pt. 2 omitted (31.12.2020 immediately after IP completion day) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(3), Sch. 1 para. 7(9) (with Sch. 3)
Words in Art. 70(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(13)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 3.3(3) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(6)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 7.1(6) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(10)(a)(iv)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 4(1) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(4)(a)
Words in Art. 59(3) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 10(2)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 1 para. 5.5(3) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 18(8)(e)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 71(1) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(29)(a)(ii)
Art. 43a(4) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(4) (with Sch. 3)
Art. 2(36) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(q) (as amended by S.I. 2020/1542, regs. 1(2), 13(2)(b)(vi)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 61(6) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(21)(c)(i)
Art. 19 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 6(6); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 70(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(13)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 40(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(1) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(2)(a) (with Sch. 3)
Art. 65(5) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(c); 2020 c. 1, Sch. 5 para. 1(1)
Regulation: power to modify conferred (S.) (temp.) (5.11.2020) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), ss. 2-4, 26(2) (with ss. 5, 25); S.S.I. 2020/315, reg. 2(b) (as amended (16.6.2025) by Agriculture and Rural Communities (Scotland) Act 2024 (asp 11), ss. 22-25, 38(2); S.S.I. 2025/167, reg. 2(1))
This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales
This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland
This version of this provision applies to England and Northern Ireland only; separate versions have been created for Scotland and Wales
This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland
This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales
This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland
This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland
This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales
This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales
This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland
This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales
This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland
This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales
This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales
This version of this provision applies to Wales only; separate versions have been created for England, Scotland and Northern Ireland
This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales
This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales
This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales
This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland
This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland
This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales
This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland
This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland
This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales
This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales
This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland
This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland
This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only
This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales
This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland
This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland
This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland
This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland
This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales
This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland
Words in Art. 38(3) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 68a(1) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(27)(i)
Words in Art. 68a(1) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(27)(ii)
Words in Art. 65(8) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(d)(i) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(e)(v)(aa)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 65(3) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(c); 2020 c. 1, Sch. 5 para. 1(1)
Art. 65(11) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(g) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(e)(vii)); 2020 c. 1, Sch. 5 para. 1(1)
Substituted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
Art. 65(8)(e) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(7) (with Sch. 3)
This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland
Art. 80 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 13(2); 2020 c. 1, Sch. 5 para. 1(1)
Art. 65(5) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 65(6) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(ca) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(e)(iv)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 65(8)(h) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(d)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Art. 65(2) substituted (S.) (1.1.2021) by The Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/477), regs. 1(2), 2(7)(a)
Art. 26 substituted (S.) (1.1.2021) by The Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/477), regs. 1(2), 2(4)
Words in Art. 65(10) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(f); 2020 c. 1, Sch. 5 para. 1(1)
Art. 65(7) omitted virtue of (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(cb) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(e)(iv)); 2020 c. 1, Sch. 5 para. 1(1)
Inserted by Regulation (EU) 2020/460 of the European Parliament and of the Council of 30 March 2020 amending Regulations (EU) No 1301/2013, (EU) No 1303/2013 and (EU) No 508/2014 as regards specific measures to mobilise investments in the healthcare systems of Member States and in other sectors of their economies in response to the COVID-19 outbreak (Coronavirus Response Investment Initiative).
Words in Art. 61(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 81(b); 2020 c. 1, Sch. 5 para. 1(1)
Art. 67(5)(b) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(8)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 61(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 81(e); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 38(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 78(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 38(3) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 38(3) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(2)(b) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(1)(c) (as amended by S.I. 2020/1542, regs. 1(2), 13(6)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 4(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(3)(a) (as amended by S.I. 2020/1542, regs. 1(2), 13(3)(c)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 65(9) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Art. 37(8) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(1)(f); 2020 c. 1, Sch. 5 para. 1(1)
Art. 41(4) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 14(4); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 70(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(13)(a)(i) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(i)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Substituted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
Words in Art. 4(10) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(3)(g)(ii) (as amended by S.I. 2020/1542, regs. 1(2), 13(3)(c)(iv)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 70(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(13)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Art. 40(4) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(4)(c); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(22) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(j); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(1) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
Art. 70(4) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(13)(d); 2020 c. 1, Sch. 5 para. 1(1)
Substituted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
Art. 65(5) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 70(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(13)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 67(2a) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(8)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 4(4) substituted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(3)(d); 2020 c. 1, Sch. 5 para. 1(1)
Art. 32(5) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(6)(d) (as amended by S.I. 2020/1542, regs. 1(2), 13(5)(c)(iii)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 61(8) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(5) (with Sch. 3)
Art. 4(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(3)(b) (as amended by S.I. 2020/1542, regs. 1(2), 13(3)(c)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Substituted by Corrigendum to 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 1083/2006 (Official Journal of the European Union L 347 of 20 December 2013).
Words in Art. 71(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(14)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(1)(b) (as amended by S.I. 2020/1542, regs. 1(2), 13(6)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 67(2a) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(8)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Art. 65(3) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(c); 2020 c. 1, Sch. 5 para. 1(1)
Art. 38(4)(a) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(2)(d)(i) (as amended by S.I. 2020/1542, regs. 1(2), 13(6)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 40(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(4)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 8 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(7)(a)(i) (as amended by S.I. 2020/1542, regs. 1(2), 13(3)(e)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 37(12) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(2)(f) (with Sch. 3)
Art. 65(11) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(g) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(e)(vii)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 38(10) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 78(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 38(4)(b)(iii) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(2)(d)(ii)(cc); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 38(4)(b)(iii) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 14(3); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 61(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 81(a); 2020 c. 1, Sch. 5 para. 1(1)
Substituted by Corrigendum to 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 1083/2006 (Official Journal of the European Union L 347 of 20 December 2013).
Words in Art. 37(4) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(2)(c)(i) (with Sch. 3)
Words in Art. 65(6) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(ca) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(e)(iv)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 4(9) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(3)(g)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 4(5) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(3)(e) (as amended by S.I. 2020/1542, regs. 1(2), 13(3)(c)(iii)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(7) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(2)(d) (with Sch. 3)
Inserted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
Words in Art. 37(7) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(1)(e) (as amended by S.I. 2020/1542, regs. 1(2), 13(6)(a)(iii)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 38(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 70(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(13)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 40(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Art. 4(3) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 61(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 81(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
Art. 65(7) omitted virtue of (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(cb) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(e)(iv)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 4(6)(7)(8) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(3)(f); 2020 c. 1, Sch. 5 para. 1(1)
Substituted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
Words in Art. 43 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(6)(a) (as amended by S.I. 2020/1542, regs. 1(2), 13(6)(d)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(16) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(h); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(8) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(e) (as amended by S.I. 2020/1542, regs. 1(2), 13(2)(b)(iii)); 2020 c. 1, Sch. 5 para. 1(1)
Substituted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
Substituted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
Substituted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
Words in Art. 38(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 78(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(35) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(p); 2020 c. 1, Sch. 5 para. 1(1)
Art. 38(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
Art. 38(4)(b)(i) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(2)(d)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 67(5a) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 84(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 61(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 81(d); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 2(34) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(o) (as amended by S.I. 2020/1542, regs. 1(2), 13(2)(b)(v)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 2(19) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(i); 2020 c. 1, Sch. 5 para. 1(1)
Inserted by Regulation (EU) 2020/460 of the European Parliament and of the Council of 30 March 2020 amending Regulations (EU) No 1301/2013, (EU) No 1303/2013 and (EU) No 508/2014 as regards specific measures to mobilise investments in the healthcare systems of Member States and in other sectors of their economies in response to the COVID-19 outbreak (Coronavirus Response Investment Initiative).
Art. 2(6) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(d) (as amended by S.I. 2020/1542, regs. 1(2), 13(2)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 43 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 32(3) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(6)(b) (as amended by S.I. 2020/1542, regs. 1(2), 13(5)(c)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 61(4) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
Substituted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
Substituted by Corrigendum to 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 1083/2006 (Official Journal of the European Union L 347 of 20 December 2013).
Words in Art. 45 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(9)(a); 2020 c. 1, Sch. 5 para. 1(1)
Art. 65(8)(e) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(7) (with Sch. 3)
Words in Art. 65(10) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(f); 2020 c. 1, Sch. 5 para. 1(1)
Art. 32(4) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 7(6)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 41(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 79; 2020 c. 1, Sch. 5 para. 1(1)
Art. 71(5) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(14)(e); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(20) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(j); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 70(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(13)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)
Art. 37(13) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 77; 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 45 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(9)(b) (as amended by S.I. 2020/1542, regs. 1(2), 13(6)(g)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 70(2)(b) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(13)(b)(ii) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(i)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 61 substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
Art. 40(2a) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(4)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 61(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(2)(a) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 65(8) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(d)(i) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(e)(v)(aa)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 40(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(4)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 40(2) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(4)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(9) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(2)(e) (with Sch. 3)
Inserted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
Substituted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
Words in Art. 67(1)(e) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 84(a); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(37) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(r) (as amended by S.I. 2020/1542, regs. 1(2), 13(2)(b)(vii)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 4(9) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(3)(g)(ii) (as amended by S.I. 2020/1542, regs. 1(2), 13(3)(c)(iv)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 38(4) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 78(b); 2020 c. 1, Sch. 5 para. 1(1)
Substituted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
Words in Art. 65(9) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(6)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(2)(d) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(1)(d); 2020 c. 1, Sch. 5 para. 1(1)
Substituted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
Words in Art. 37(1) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(2)(a) (with Sch. 3)
Art. 2(23) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(j); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(31)(32) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(n); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(40)-(45) inserted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(t) (as amended by S.I. 2020/1445, regs. 1(2)(a), 14(2); S.I. 2020/1542, regs. 1(2), 13(2)(b)(ix)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 8 omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(7)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(47) inserted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 74 (as amended S.I. 2020/1542, regs. 1(2), 14, which amendment included the omission of para 47(a)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 71(3) omitted (31.12.2020 immediately after IP completion day) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(3), Sch. 1 para. 7(8)(c) (with Sch. 3)
Words in Art. 38(10) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 78(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 67(5)(c) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(8)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 61(6) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(2)(e); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 38(4)(b)(ii) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(2)(d)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 4(10) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(3)(g)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 67(5)(aa) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(8)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 38(4)(b)(iii) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(2)(d)(ii)(dd) (as amended by S.I. 2020/1542, regs. 1(2), 13(6)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(2)(b) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(2)(b) (with Sch. 3)
Words in Art. 37(4) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 1 para. 7(2)(c)(ii) (with Sch. 3)
Art. 2(36) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 4(2)(q) (as amended by S.I. 2020/1542, regs. 1(2), 13(2)(b)(vi)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 70(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(13)(a)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 70(3) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(13)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 40(1) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 8(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
Art. 61(7)(a) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(2)(f)(i); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 26 substituted (S.) (1.1.2025) by The Rural Development (Continuation of Operation) (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/342), regs. 1, 3(2)
Word in Art. 50(1) substituted (S.) (1.1.2025) by The Rural Development (Continuation of Operation) (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/342), regs. 1, 3(3)
Word in Art. 65(2) substituted (S.) (1.1.2025) by The Rural Development (Continuation of Operation) (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/342), regs. 1, 3(4)(a)
Word in Art. 65(4) substituted (S.) (1.1.2025) by The Rural Development (Continuation of Operation) (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/342), regs. 1, 3(4)(b)
Words in Art. 68a(1) substituted (W.) (24.2.2025) by The Procurement (Wales) Regulations 2024 (S.I. 2024/782), regs. 1(2), 54 (with reg. 2) (S.I. 2024/716, Sch. (as amended by S.I. 2024/959, regs. 1(2), 2(7)(a))
Words in Art. 1 substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 102(2)(a)
Words in Art. 4(2) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 102(2)(b)
Words in Art. 65(11) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 102(2)(c)