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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 Union anti-discrimination law and policy in the field of ESI Funds Arrangements in accordance with the institutional and legal framework of Member States 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 ESI fund-related activities; Arrangements for training for staff of the authorities involved in the management and control of the ESI Funds in the fields of Union anti-discrimination law and policy. 2. Gender The existence of administrative capacity for the implementation and application of Union gender equality law and policy in the field of ESI Funds Arrangements in accordance with the institutional and legal framework of Member States 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 ESI Fund-related activities; Arrangements for training for staff of the authorities involved in the management and control of the ESI Funds in the fields of Union 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 ESI Funds in accordance with Council Decision 2010/48/EC Arrangements in accordance with the institutional and legal framework of Member States 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 ESI Funds in the fields of applicable Union and national disability law and policy, including accessibility and the practical application of the UNCRPD as reflected in Union and national legislation, as appropriate; Arrangements to ensure monitoring of the implementation of Article 9 of the UNCRPD in relation to the ESI Funds throughout the preparation and the implementation of the programmes. 4. Public procurement The existence of arrangements for the effective application of Union public procurement law in the field of the ESI Funds. Arrangements for the effective application of Union 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 ESI funds; Arrangements to ensure administrative capacity for implementation and application of Union public procurement rules. 5. State aid The existence of arrangements for the effective application of Union State aid rules in the field of the ESI Funds. Arrangements for the effective application of Union State aid rules; Arrangements for training and dissemination of information for staff involved in the implementation of the ESI funds; Arrangements to ensure administrative capacity for implementation and application of Union State aid rules. 6. Environmental legislation relating to Environmental Impact Assessment (EIA) and Strategic Environmental Assessment (SEA) The existence of arrangements for the effective application of Union 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.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-29 · Text as adopted (Official Journal); later amendments are not incorporated in this text.