Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17…

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

regulation · European Union · 32013R1303

1552 provisions in 4084 nodes · 112 provisions hand work to national law

Defined terms · All instruments · European Central Bank · Internet · VAT · accounting · animal life · auditing · biodiversity · branch

PART ONE SUBJECT-MATTER AND DEFINITIONS

Article 1 Subject-matter

Article 2 Definitions

Article 3 Calculation of time limits for Commission decisions

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PART TWO COMMON PROVISIONS APPLICABLE TO THE ESI FUNDS

TITLE I PRINCIPLES OF UNION SUPPORT FOR THE ESI FUNDS

Article 4 General principles

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10.

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Article 5 Partnership and multi-level governance

Article 6 Compliance with Union and national law

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Article 7 Promotion of equality between men and women and non-discrimination

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Article 8 Sustainable development

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TITLE II STRATEGIC APPROACH

CHAPTER I Thematic objectives for the ESI Funds and Common Strategic Framework

Article 9 Thematic objectives

Article 10 Common Strategic Framework

Article 13 Guidance for beneficiaries

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CHAPTER II Partnership Agreement

Article 14 Preparation of the Partnership Agreement

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Article 15 Content of the Partnership Agreement

Article 16 Adoption and amendment of the Partnership Agreement

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

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CHAPTER III Thematic concentration, ex ante conditionalities and performance review

Article 18 Thematic concentration

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Article 19 Ex ante conditionalities

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Article 20 Performance reserve

Article 21 Performance review

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Article 22 Application of the performance framework

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CHAPTER IV Measures linked to sound economic governance

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

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

Article 25 Management of technical assistance for Member States with temporary budgetary difficulties

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TITLE III PROGRAMMING

CHAPTER I General provisions on the ESI Funds

Article 26 Preparation of programmes

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Article 27 Content of programmes

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

Article 29 Procedure for the adoption of programmes

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Article 30 Amendment of programmes

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Article 31 Participation of the EIB

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CHAPTER II Community-led local development

Article 32 Community-led local development

Article 33 Community-led local development strategies

Article 34 Local action groups

Article 35 Support from the ESI Funds for community-led local development

CHAPTER ΙΙΙ Territorial development

Article 36 Integrated territorial investment

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TITLE IV FINANCIAL INSTRUMENTS

Article 37 Financial instruments

Article 38 Implementation of financial instruments

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

Article 40 Management and control of financial instruments

Article 41 Requests for payment including expenditure for financial instruments

Article 42 Eligible expenditure at closure

Article 43 Interest and other gains generated by support from the ESI Funds to financial instruments

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Article 44 Re-use of resources attributable to the support from the ESI Funds until the end of the eligibility period

Article 45 Use of resources after the end of the eligibility period

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Article 46 Report on implementation of financial instruments

TITLE V MONITORING AND EVALUATION

CHAPTER I Monitoring

Section I Monitoring of programmes

Article 47 Monitoring committee

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Article 48 Composition of the monitoring committee

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Article 49 Functions of the monitoring committee

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Article 50 Implementation reports

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Article 51 Annual review meeting

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Section II Strategic progress

Article 52 Progress report

Article 53 Reporting by the Commission and debate on the ESI Funds

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CHAPTER II Evaluation

Article 54 General Provisions

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Article 55 Ex ante evaluation

Article 56 Evaluation during the programming period

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Article 57 Ex post evaluation

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TITLE VI TECHNICAL ASSISTANCE

Article 58 Technical assistance at the initiative of the Commission

Article 59 Technical assistance at the initiative of the Member States

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TITLE VII FINANCIAL SUPPORT FROM THE ESI FUNDS

CHAPTER I Support from the ESI Funds

Article 60 Determination of co-financing rates

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Article 61 Operations generating net revenue after completion

CHAPTER II Special rules on support from the ESI Funds to PPPs

Article 62 PPPs

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Article 63 Beneficiary under PPP operations

Article 64 Support for PPP operations

CHAPTER III Eligibility of expenditure and durability

Article 65 Eligibility

Article 66 Forms of support

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Article 67 Forms of grants and repayable assistance

Article 68 Flat rate financing for indirect costs and staff costs concerning grants and repayable assistance

Article 69 Specific eligibility rules for grants and repayable assistance

Article 70 Eligibility of operations depending on location

Article 71 Durability of operations

TITLE VIII MANAGEMENT AND CONTROL

CHAPTER I Management and control systems

Article 72 General principles of management and control systems

Article 73 Responsibilities under shared management

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Article 74 Responsibilities of Member States

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CHAPTER II Commission powers and responsibilities

Article 75 Commission powers and responsibilities

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TITLE IX FINANCIAL MANAGEMENT, EXAMINATION AND ACCEPTANCE OF ACCOUNTS AND FINANCIAL CORRECTIONS, DECOMMITMENT

CHAPTER I Financial management

Article 76 Budget commitments

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Article 77 Common rules for payments

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

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Article 79 Requests for payment

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Article 80 Use of the euro

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Article 81 Payment of initial pre-financing

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Article 82 Clearance of initial pre-financing

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Article 83 Interruption of the payment deadline

CHAPTER II Examination and acceptance of accounts

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

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CHAPTER III Financial corrections

Article 85 Financial corrections by the Commission

CHAPTER IV Decommitment

Article 86 Principles

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Article 87 Exception to the decommitment

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

Article 89 Mission and goals

Article 90 Investment for growth and jobs goal

CHAPTER II Financial framework

Article 91 Resources for economic, social and territorial cohesion

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

Article 93 Non-transferability of resources between categories of regions

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Article 94 Non-transferability of resources between goals

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Article 95 Additionality

CHAPTER I General provisions on the Funds

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

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

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

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Article 99 Geographical scope of operational programmes under the Investment for growth and jobs goal

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CHAPTER II Major projects

Article 100 Content

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Article 101 Information necessary for the approval of a major project

Article 102 Decision on a major project

Article 103 Decision on a major project subject to phased implementation

CHAPTER III Joint action plan

Article 104 Scope

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Article 105 Preparation of joint action plans

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Article 106 Content of joint action plans

Article 107 Decision on the joint action plan

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Article 108 Steering committee and amendment of the joint action plan

Article 109 Financial management and control of the joint action plan

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TITLE III MONITORING, EVALUATION, INFORMATION AND COMMUNICATION

CHAPTER I Monitoring and evaluation

Article 110 Functions of the monitoring committee

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

Article 112 Transmission of financial data

Article 113 Cohesion Report

Article 114 Evaluation

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CHAPTER II Information and communication

Article 115 Information and communication

Article 116 Communication strategy

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Article 117 Information and communication officers and their networks

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TITLE IV TECHNICAL ASSISTANCE

Article 118 Technical assistance at the initiative of the Commission

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Article 119 Technical assistance of the Member States

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TITLE V FINANCIAL SUPPORT FROM THE FUNDS

Article 120 Determination of co-financing rates

Article 121 Modulation of the co-financing rates

PART FOUR GENERAL PROVISIONS APPLICABLE TO THE FUNDS AND THE EMFF

TITLE I MANAGEMENT AND CONTROL

CHAPTER I Management and control systems

Article 122 Responsibilities of Member States

CHAPTER II Management and control authorities

Article 123 Designation of authorities

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Article 124 Procedure for the designation of the managing authority and the certifying authority

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Article 125 Functions of the managing authority

Article 126 Functions of the certifying authority

Article 127 Functions of the audit authority

CHAPTER III Cooperation with audit authorities

Article 128 Cooperation with audit authorities

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TITLE II FINANCIAL MANAGEMENT, PREPARATION, EXAMINATION, ACCEPTANCE AND CLOSURE OF ACCOUNTS AND FINANCIAL CORRECTIONS

CHAPTER I Financial management

Article 129 Common rules for payments

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Article 130 Common rules for calculating interim payments and payment of the final balance

Article 131 Payment applications

Article 132 Payment to beneficiaries

Article 133 Use of the euro

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Article 134 Payment of pre-financing

Article 135 Deadlines for presentation of interim payment applications and for their payment

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Article 136 Decommitment

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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

Article 137 Preparation of the accounts

Article 138 Submission of information

Article 139 Examination and acceptance of accounts

Article 140 Availability of documents

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Section II Closure of operational programmes

Article 141 Submission of closure documents and payment of the final balance

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Section III Suspension of payments

Article 142 Suspension of payments

CHAPTER III Financial corrections

Section I Financial corrections by Member States

Article 143 Financial corrections by Member States

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Section II Financial corrections by the Commission

Article 144 Criteria for financial corrections

Article 145 Procedure

Article 146 Obligations of Member States

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Article 147 Repayment

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TITLE III PROPORTIONAL CONTROL OF OPERATIONAL PROGRAMMES

Article 148 Proportional control of operational programmes

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PART FIVE DELEGATIONS OF POWER, IMPLEMENTING, TRANSITIONAL AND FINAL PROVISIONS

CHAPTER I Delegations of power and implementing provisions

Article 149 Exercise of the delegation

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Article 150 Committee Procedure

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CHAPTER II Transitional and final provisions

Article 151 Review

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Article 152 Transitional provisions

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Article 153 Repeal

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Article 154 Entry into force

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Preamble

ANNEX I

COMMON STRATEGIC FRAMEWORK

1. INTRODUCTION

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2. CONTRIBUTION OF ESI FUNDS TO THE UNION STRATEGY FOR SMART, SUSTAINABLE AND INCLUSIVE GROWTH AND COHERENCE WITH THE UNION'S ECONOMIC GOVERNANCE

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3. INTEGRATED APPROACH TO AND ARRANGEMENTS FOR THE USE OF THE ESI FUNDS

3.1 Introduction

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3.2 Coordination and complementarity

3.3 Encouraging integrated approaches

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4. COORDINATION AND SYNERGIES BETWEEN ESI FUNDS AND OTHER UNION POLICIES AND INSTRUMENTS

4.2 Coordination with the Common Agricultural Policy and the Common Fisheries Policy

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4.3 Horizon 2020 and other centrally managed Union programmes in the areas of research and innovation

4.4 New Entrants Reserve (NER) 300 demonstration funding Commission Decision 2010/670/EU of 3 November 2010 laying down criteria and measures for the financing of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO_(2) as well as demonstration projects of innovative renewable energy technologies under the scheme for greenhouse gas emission allowance trading within the Community established by Directive 2003/87/EC of the European Parliament and of the Council (OJ L 290, 6.11.2010, p. 39).

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4.5 Programme for the Environment and Climate Action (LIFE) Regulation (EU) No 1293/2013 of the European Parliament and of the Council of 11 December 2013 on the establishment of a Programme for the Environment and Climate Action (LIFE) and repealing Regulation (EC) No 614/2007 (See page 185 of this Official Journal). and the environmental acquis

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4.6 ERASMUS + Regulation (EU) No 1288/2013 of the European Parliament and of the Council of 11 December 2013 establishing "Erasmus+": the Union programme for education, training, youth and sport and repealing Decisions Nos 1719/2006/EC, 1720/2006/EC and 1298/2008/EC (See page 50 of this Official Journal).

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4.7 European Union Programme for Employment and Social Innovation (EaSI) Regulation (EU) No 1296/2013 of the European Parliament and of the Council of 11 December 2013 on a European Union Programme for Employment and Social Innovation ("EaSI") and amending Decision No 283/2010/EU establishing a European Progress Microfinance Facility for employment and social inclusion (See page 238 of this Official Journal).

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4.8 Connecting Europe Facility (CEF) Regulation (EU) No 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).

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4.9 Instrument for Pre-accession Assistance, European Neighbourhood Instrument and European Development Fund

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

5.1 Partnership and multi-level governance

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5.2 Sustainable development

5.3 Promotion of equality between men and women and non-discrimination

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5.4 Accessibility

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5.5 Addressing demographic change

5.6 Climate change mitigation and adaptation

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6. ARRANGEMENTS FOR ADDRESSING KEY TERRITORIAL CHALLENGES

7. COOPERATION ACTIVITIES

7.1 Coordination and complementarity

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7.2 Cross-border, transnational and interregional cooperation under the ERDF

7.3 Contribution of mainstream programmes to macro-regional and sea-basin strategies

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7.4 Transnational cooperation under the ESF

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ANNEX II

METHOD FOR ESTABLISHING THE PERFORMANCE FRAMEWORK

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

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4. DETERMINING THE SCOPE AND THE LEVEL OF SUSPENSION OF PAYMENTS

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ANNEX IV

IMPLEMENTATION OF FINANCIAL INSTRUMENTS: FUNDING AGREEMENTS

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)

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)

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)

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

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

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

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Maximum level of transfers from funds supporting cohesion

Additional provisions

Additional adjustments in accordance with Article 92(2)

21.

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ANNEX VIII

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

METHODOLOGY FOR DETERMINING MINIMUM SHARE OF THE ESF

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ANNEX X

ADDITIONALITY

1. PUBLIC OR EQUIVALENT STRUCTURAL EXPENDITURE

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2. VERIFICATION

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2.1 Ex ante verification

2.2 Mid-term verification

2.3 Ex post verification

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3. FINANCIAL CORRECTION RATES FOLLOWING EX POST VERIFICATION

INFORMATION AND COMMUNICATION ON SUPPORT FROM THE FUNDS

1. LIST OF OPERATIONS

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2. INFORMATION AND COMMUNICATION MEASURES FOR THE PUBLIC

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2.1. Responsibilities of the Member State and the managing authority

2.2. Responsibilities of the beneficiaries

3. INFORMATION MEASURES FOR POTENTIAL BENEFICIARIES AND BENEFICIARIES

3.1. Information measures for potential beneficiaries

3.2. Information measures for beneficiaries

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4. ELEMENTS OF THE COMMUNICATION STRATEGY

DESIGNATION CRITERIA FOR THE MANAGING AUTHORITY AND THE CERTIFYING AUTHORITY

1. INTERNAL CONTROL ENVIRONMENT

3. MANAGEMENT AND CONTROL ACTIVITIES

A. Managing authority

B. Certifying authority

A. Managing authority

B. Certifying authority