Commission Delegated Regulation (EU) No 240/2014of 7 January 2014on the European code of conduct on partnership in the framework of the European Structural and Investment Funds
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter and scope
Article 1A
Interpretation
CHAPTER II
MAIN PRINCIPLES CONCERNING TRANSPARENT PROCEDURES FOR IDENTIFICATION OF RELEVANT PARTNERS
Article 2
Representativeness of partners
Article 3
Identification of relevant partners for the Partnership Agreement
Article 4
Identification of relevant partners for programmes
CHAPTER III
MAIN PRINCIPLES AND GOOD PRACTICES CONCERNING THE INVOLVEMENT OF RELEVANT PARTNERS IN THE PREPARATION OF THE PARTNERSHIP AGREEMENT AND PROGRAMMES
Article 5
Consultation of relevant partners in the preparation of the Partnership Agreement and programmes
Article 6
Preparation of the Partnership Agreement
Article 7
Information on the involvement of relevant partners in the Partnership Agreement
Article 8
Preparation of programmes
Article 9
Information on the involvement of relevant partners in programmes
CHAPTER IV
GOOD PRACTICES CONCERNING THE FORMULATION OF THE RULES OF MEMBERSHIP AND INTERNAL PROCEDURES OF MONITORING COMMITTEES
Article 10
Rules of membership of the monitoring committee
Article 11
Rules of procedure of the monitoring committee
CHAPTER V
MAIN PRINCIPLES AND GOOD PRACTICES CONCERNING THE INVOLVEMENT OF RELEVANT PARTNERS IN THE PREPARATION OF CALLS OF PROPOSALS, PROGRESS REPORTS AND IN RELATION TO MONITORING AND EVALUATION OF PROGRAMMES
Article 12
Obligations relating to data protection, confidentiality and conflict of interest
Article 13
Involvement of relevant partners in the preparation of calls for proposals
Article 14
Involvement of relevant partners in the preparation of progress reports
Article 15
Involvement of relevant partners in the monitoring of programmes
Article 16
Involvement of partners in the evaluation of programmes
CHAPTER VI
INDICATIVE AREAS, THEMES AND GOOD PRACTICES CONCERNING THE USE OF THE SUPPORT FOR RURAL DEVELOPMENT AND SUPPORT UNDER REGULATION 508/2014 TO STRENGTHEN THE INSTITUTIONAL CAPACITY OF RELEVANT PARTNERS AND THE ROLE OF THE COMMISSION IN DISSEMINATION OF GOOD PRACTICES
Article 17
Strengthening the institutional capacity of relevant partners
Article 18
Role of the Commission in the dissemination of good practices
CHAPTER VII
FINAL PROVISIONS
Article 19
Entry into force
Commission Delegated Regulation (EU) No 240/2014
of 7 January 2014
on the European code of conduct on partnership in the framework of the European Structural and Investment Funds
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard 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 , and in particular Article 5(3) thereof,
Whereas:
(1)
The aim of this Regulation is to provide for a European code of conduct in order to support and facilitate Member States in the organisation of partnerships for Partnership Agreements and programmes supported by the European Regional Development Fund (ERDF), the European Social Fund (ESF), the Cohesion Fund, the European Agricultural Fund for Rural Development (EAFRD) and the European Maritime and Fisheries Fund (EMFF). These funds now operate under a common framework and are referred to as the ‘European Structural and Investment Funds (hereinafter ‘the ESI Funds’).
(2)
Working in partnership is a long-established principle in the implementation of the ESI Funds. Partnership implies close cooperation between public authorities, economic and social partners and bodies representing civil society at national, regional and local levels throughout the whole programme cycle consisting of preparation, implementation, monitoring and evaluation.
(3)
The partners selected should be the most representative of the relevant stakeholders. Selection procedures should be transparent and take into account the different institutional and legal frameworks of the Member States and their national and regional competences.
(4)
The partners should include public authorities, economic and social partners and bodies representing civil society, including environmental partners, community-based and voluntary organisations, which can significantly influence or be significantly affected by implementation of the Partnership Agreement and programmes. Specific attention should be paid to including groups who may be affected by programmes but who find it difficult to influence them, in particular the most vulnerable and marginalised communities, which are at highest risk of discrimination or social exclusion, in particular persons with disabilities, migrants and Roma people.
(5)
For the selection of partners, it is necessary to take into account the differences between Partnership Agreements and programmes. Partnership Agreements cover all the ESI Funds providing support to each Member State, while programmes refer only to the ESI Funds contributing to them. The partners for Partnership Agreements should be those relevant in view of the planned use of all the ESI Funds, while for programmes it is sufficient that the partners are those relevant in view of the planned use of the ESI Funds contributing to the programme.
(6)
The partners should be involved in preparing and implementing Partnership Agreements and programmes. For this purpose, it is necessary to establish main principles and good practices concerning timely, meaningful and transparent consultation of the partners on the analysis of challenges and needs to be tackled, the selection of objectives and priorities to address them, and the coordination structures and multi-level governance agreements necessary for effective policy delivery.
(7)
The partners should be represented on the monitoring committees of programmes. The rules governing membership and committee procedures should promote continuity and ownership of programming and implementation, and working arrangements that are clear and transparent, as well as timeliness and non-discrimination.
(8)
Through their active participation in the monitoring committees, the partners should be involved in assessing performance on the different priorities, the relevant reports on the programmes and, where appropriate, calls for proposals.
(9)
Effective partnership should be facilitated by helping the relevant partners to strengthen their institutional capacity in view of the preparation and implementation of programmes.
(10)
The Commission should facilitate the exchange of good practice, strengthening institutional capacity and the dissemination of relevant outcomes among Member States, managing authorities and representatives of the partners by setting up a Community of Practice on Partnership covering all the ESI Funds.
(11)
The role of the partners in implementing the Partnership Agreements and the performance and effectiveness of the partnership in the programming period should be subject to assessment by the Member States.
(12)
In order to support and facilitate Member States in the organisation of the partnership, the Commission should make available examples of best practices existing in Member States,
HAS ADOPTED THIS REGULATION:
OJ L 347, 20.12.2013, p. 320.