Commission Delegated Regulation (EU) No 480/2014Show full title

[F1 CHAPTER III U.K. PROVISIONS SUPPLEMENTING PART THREE REGULATION (EU) No 1303/2013 APPLICABLE TO THE ERDF AND THE COHESION FUND AS REGARDS THE METHODOLOGY TO BE USED FOR CARRYING OUT THE QUALITY REVIEW OF MAJOR PROJECTS

Article 22 U.K. Requirements for independent experts carrying out the quality review(Fourth paragraph of Article 101 of Regulation (EU) No 1303/2013)

1. The quality review of major projects referred to in the third paragraph of Article 101 of Regulation (EU) No 1303/2013, shall be carried out by independent experts that have:

(a) significant technical experience of all stages of the project cycle;

(b) broad international experience of the investment sectors concerned;

(c) significant expertise in the analysis and evaluation of socioeconomic benefits;

(d) significant knowledge and experience of relevant Union law, policies and procedures;

(e) independence from all authorities involved directly or indirectly in the approval, implementation, or operation of the major project;

(f) no conflict of interest at any level in relation to the major project;

(g) no commercial interest in relation to the major project;

(h) the necessary linguistic competence.

2. Where a Member State proposes to mandate independent experts other than those supported by technical assistance at the initiative of the Commission in accordance with Article 58 of Regulation (EU) No 1303/2013, it shall in accordance with the third paragraph of Article 101 of that Regulation submit a request for the Commission's agreement. That agreement shall be based on documents demonstrating compliance of the experts with the requirements laid down in paragraph 1 of this Article.

The Commission shall inform the Member State within three months from the submission of the request whether it agrees with the proposal regarding the independent experts.

Article 23 U.K. Quality review of major projects(Fourth paragraph of Article 101 of Regulation (EU) No 1303/2013)

1. The independent experts shall carry out their assessment on the basis of the information referred to in points (a) to (i) of the first paragraph of Article 101 of Regulation (EU) No 1303/2013. The independent experts may request additional elements relating to this information which they deem necessary for the quality review.

The Member State and the independent experts may agree that this work shall be complemented by site visits.

The independent experts may, in agreement with the Member States, consult the Commission on relevant State aid issues for the purpose of their assessment.

2. The independent experts shall for the purposes of the quality review undertake the following steps:

(a) the independent experts shall verify that the operation is a major project within the meaning of Article 100 of Regulation (EU) No 1303/2013, that the major project is not a completed operation within the meaning of Articles 2(14) and 65(6) of that Regulation, and that the major project is included within the relevant operational programme;

(b) the independent experts shall check the completeness, consistency and accuracy of the information under points (a) to (i) of the first subparagraph of Article 101 of Regulation (EU) No 1303/2013 provided for in the format referred to in the fifth paragraph of Article 101 of Regulation (EU) No 1303/2013;

(c) the independent experts shall appraise the quality of the major project on the basis of the criteria set out in Annex II to this Regulation;

(d) the independent experts shall produce an independent quality review report (hereinafter the ‘IQR report’) in the format provided for in the third subparagraph of Article 102(1) of Regulation (EU) No 1303/2013. In the IQR report, the independent experts shall formulate and justify their statements in an unambiguous manner for the elements referred to in this paragraph.

3. A major project is appraised positively by the quality review in the meaning of Article 102(1) of Regulation (EU) No 1303/2013 if the independent experts conclude that all the criteria referred to in Annex II of this Regulation have been fulfilled.]

Textual Amendments

F1 Ch. 3 omitted for specified purposes (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions Rules etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/783), regs. 1, 5(16); 2020 c. 1, Sch. 5 para. 1(1)