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Commission Regulation (EC) No 718/2007 of 12 June 2007 implementing Council Regulation (EC) No 1085/2006 establishing an instrument for pre-accession assistance (IPA)

Commission Regulation (EC) No 718/2007 of 12 June 2007 implementing Council Regulation (EC) No 1085/2006 establishing an instrument for pre-accession assistance (IPA)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an instrument for pre-accession assistance (IPA)(1) and in particular Article 3(3) thereof,

Whereas:

  1. The purpose of Regulation (EC) No 1085/2006 (hereinafter referred to as ‘the IPA Regulation’) is to provide pre-accession assistance to beneficiary countries and support them in their transition from Annex II to Annex I of that Regulation and through to membership of the European Union.

  2. Given that the IPA Regulation is the sole pre-accession instrument for the 2007 to 2013 period, the rules for the programming and delivery of assistance within the framework of that Regulation should be streamlined and brought together in one single implementing regulation covering all five components established in the IPA Regulation (hereinafter referred to as ‘the IPA components’).

  3. To ensure coherence, coordination and efficiency, especially in the context of the action plan of the Commission towards an Integrated Internal Control Framework, common rules for the implementation of assistance under the IPA Regulation are required for all five IPA components. The specific features of the individual IPA components should nevertheless be taken into account.

  4. Differences in the socio-economic, cultural and political contexts within beneficiary countries should also be taken into account, since such differences give rise to a need for a specific approach and differentiated support depending upon a country's status as candidate or potential candidate country, political and economic context, needs, and absorption and management capacities.

  5. Assistance granted under the IPA Regulation should be in conformity with Community policies and actions in the field of external assistance.

  6. Assistance should fall within the scope laid down in Article 2 of the IPA Regulation. It should be targeted to support a wide range of institution building measures in all beneficiary countries. It should strengthen democratic institutions and the rule of law, reform public administration, carry out economic reforms, respect human and minority rights, encourage gender equality and non-discrimination, promote civil rights and the development of civil society, support advanced regional cooperation and reconciliation and reconstruction, and contribute to sustainable development and poverty reduction, as well as to a high level of environmental protection in these countries.

  7. Assistance for candidate countries should additionally focus on the adoption and implementation of the full acquis communautaire, and compliance with the accession criteria; it should also help prepare candidate countries for the programming, management and implementation of the European Regional Development Fund, Cohesion Fund, European Social Fund and Rural Development that will be made available to them upon accession.

  8. Assistance for potential candidate countries should promote a degree of alignment with the acquis communautaire and approximation with the Accession criteria, as well as operations of a similar nature to those which will be available for candidate countries under the IPA components concerning regional development, human resources development and rural development.

  9. In order to guarantee consistency, complementarity and concentration of assistance, the coherence and coordination of actions carried out in a given country under the different IPA components should be ensured at the multi-annual planning level provided for by Article 6 of the IPA Regulation.

  10. The Commission and the beneficiary countries should sign framework agreements in order to lay down the principles for their cooperation under this Regulation.

  11. It needs to be made clear which of the management methods laid down in Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(2) shall apply in relation to each of the components as provided for under the IPA Regulation.

  12. In particular, as the IPA Regulation provides for assistance in the context of the pre-accession process, decentralised management of funds should be applied, where possible, in its implementation, with a view to enhancing ownership of the management of assistance by the beneficiary countries. It should, however, be possible to apply centralised, joint and shared management where appropriate.

  13. In the event of decentralised management, the respective roles of and requirements from the Commission and the beneficiary countries need to be made clear. The provisions relating to the beneficiary countries should be included in the framework, sectoral or financing agreements.

  14. It is necessary to lay down detailed rules for the financial management of funds under the IPA Regulation according to which management method is to be applied to the implementation of the assistance. The obligations of the beneficiary countries in this respect should be laid down in the framework, sectoral or financing agreements.

  15. In addition to the general evaluation of the IPA Regulation as provided for in Article 22 thereof, assistance under the said regulation should be monitored and evaluated regularly. The programmes should in particular be subject to evaluation by specific monitoring committees, and the overall implementation of assistance under the IPA Regulation should be supervised on a regular basis.

  16. The visibility of the IPA assistance programmes and their impact on the citizens of the beneficiary countries is essential to ensure public awareness of EU action and to create a consistent image of the measures concerned in all beneficiary countries, in line with the action plan of the Commission ’Communicating Europe’, the white paper of the Commission on a European communication policy and the enlargement communication strategy for 2005 to 2009.

  17. As the IPA Regulation applies from 1 January 2007, the Commission rules for the implementation of that Regulation should apply from 1 January 2007 as well.

  18. The provisions laid down in this Regulation are in accordance with the opinion of the IPA Committee,

HAS ADOPTED THIS REGULATION:

PART I COMMON PROVISIONS

TITLE I PRINCIPLES AND GENERAL FRAMEWORK FOR ASSISTANCE

CHAPTER I Subject matter and principles

Article 1 Subject matter

This Regulation lays down the implementing rules governing the provision by the Community of pre-accession assistance established by Council Regulation (EC) No 1085/2006 (IPA), the ‘IPA Regulation’.

Article 2 Definitions
Article 3 Principles of assistance
Article 4 Priorities for assistance

CHAPTER II General framework for implementation

Article 5 Multi-annual indicative planning documents
Article 6 Multi-annual or annual programmes
Article 7 Framework agreements and sectoral agreements
Article 8 Financing decisions and agreements

TITLE II COMMON RULES FOR IMPLEMENTATION

CHAPTER I Principles

Article 9 Coherence of implementation of assistance
Article 10 General principles for implementation of assistance

CHAPTER II Management and control systems

Section 1 Decentralised management
Sub-section 1 Accreditation and conferral of management powers
Sub-section 2 Structures and authorities
Section 2 Other forms of management
Article 32 Structures and authorities for centralised or joint management
Article 33 Structures and authorities for shared management

CHAPTER III Financial contribution by the European Community

Article 34 Eligibility of expenditure
Article 35 Treatment of receipts
Article 36 Property of interest
Article 37 Community financing
Article 38 Aid intensities and rate of Community contribution

CHAPTER IV Financial management

Section 1 Budgetary commitments
Article 39 Principles
Section 2 Rules for decentralised management
Article 40 Payments
Article 41 Acceptability of applications for payment
Article 42 Pre-financing
Article 43 Interim payments
Article 44 Calculation of payments
Article 45 Payment of the final balance
Article 46 Suspension of payments
Article 47 Closure of a programme
Article 48 Retention of documents
Article 49 Financial corrections
Article 50 Financial adjustments
Article 51 Criteria for financial corrections
Article 52 Procedure for financial correction
Article 53 Repayment
Article 54 Re-use of Community contribution
Section 3 Rules for centralised and joint management
Article 55 Payments
Article 56 Closure of a programme

CHAPTER V Evaluation and monitoring

Article 57 Evaluation
Article 58 Monitoring in the case of decentralised management
Article 59 Sectoral monitoring committees in the case of decentralised management
Article 60 Monitoring in the case of centralised and joint management
Article 61 Annual and final reports on implementation

CHAPTER VI Publicity, visibility

Article 62 Information and publicity
Article 63 Visibility

PART II SPECIFIC PROVISIONS

TITLE I TRANSITION ASSISTANCE AND INSTITUTION BUILDING COMPONENT

CHAPTER I Object of assistance and eligibility

Article 64 Areas of assistance
Article 65 Forms of assistance
Article 66 Eligibility of expenditure
Article 67 Aid intensities and rate of Community contribution

CHAPTER II Programming

Article 68 Programming framework
Article 69 National programmes
Article 70 Participation in Community programmes within national programmes
Article 71 Participation in Community agencies within national programmes
Article 72 Regional and horizontal programmes

CHAPTER III Implementation

Section 1 Framework for implementation and principles
Article 73 General principles
Article 74 Structure and authorities in the event of centralised and joint management
Article 75 Structure and authorities in the event of decentralised management
Article 76 Accreditation of the operating structure and conferral of management powers
Article 77 Implementation principles in the event of twinning projects
Article 78 Implementation principles in the event of participation in Community programmes and agencies
Section 2 Financial management
Article 79 Payments under decentralised management
Article 80 Retention of documents
Article 81 Property of interest
Section 3 Evaluation and monitoring
Article 82 Evaluation
Article 83 Monitoring
Article 84 Sectoral annual and final reports on implementation

TITLE II CROSS–BORDER COOPERATION COMPONENT

CHAPTER I Object of assistance and eligibility

Article 85 Additional definitions for the cross-border cooperation component
Article 86 Areas and forms of assistance
Article 87 Partnership
Article 88 Territorial eligibility
Article 89 Eligibility of expenditure
Article 90 Aid intensities and rate of Community contribution

CHAPTER II Programming

Section 1 Programmes
Article 91 Preparation and approval of cross-border programmes
Article 92 Financing agreements
Article 93 Revision of cross-border programmes
Article 94 Content of cross-border programmes
Section 2 Operations
Article 95 Selection of operations
Article 96 Responsibilities of the lead beneficiary and the other beneficiaries
Article 97 Special conditions governing the location of operations

CHAPTER III Implementation

Section 1 General provisions
Article 98 Implementing modalities
Article 99 Transitional arrangements
Article 100 Termination of transitional arrangements
Section 2 Cross-border programmes between beneficiary countries and Member States
Sub-section 1 Management and control systems
Sub-section 2 Evaluation and monitoring
Sub-section 3 Responsibility of participating countries and of the Commission
Sub-section 4 Financial management
Section 3 Cross-border programmes among beneficiary countries
Sub-section 1 Management and control systems
Sub-section 2 Evaluation and monitoring
Sub-section 3 Financial management

TITLE III REGIONAL DEVELOPMENT AND HUMAN RESOURCES DEVELOPMENT COMPONENTS

CHAPTER I Object of assistance and eligibility

Section 1 Regional development component
Article 147 Areas and forms of assistance
Article 148 Eligibility of expenditure
Article 149 Aid intensities and rate of Community contribution
Article 150 Revenue-generating projects
Section 2 Human resources development component
Article 151 Areas and forms of assistance
Article 152 Eligibility of expenditure
Article 153 Aid intensities and rate of Community contribution

CHAPTER II Programming

Article 154 Strategic coherence framework
Article 155 Operational programmes
Article 156 Revision of operational programmes
Article 157 Major projects under the regional development component

CHAPTER III Implementation

Section 1 General rules
Article 158 Selection of operations
Article 159 Financial engineering instruments
Section 2 Financial management
Article 160 Payments
Article 161 Acceptability of applications for payment
Article 162 Deadlines for payments
Article 163 Suspension of payments
Article 164 Closure of a programme
Article 165 Re-use of Community contribution
Section 3 Evaluation and monitoring
Article 166 Evaluation
Article 167 Sectoral monitoring committee
Article 168 Arrangements for monitoring
Article 169 Sectoral annual and final reports on implementation

TITLE IV RURAL DEVELOPMENT COMPONENT

CHAPTER I Object of assistance and eligibility

Section 1 Object of assistance
Article 170 Additional definitions for the rural development component
Article 171 Areas and forms of assistance
Section 2 General requirements on eligibility and aid intensities
Article 172 Eligibility of expenditure
Article 173 Aid intensities and rate of Community contribution
Section 3 Eligibility and specific requirements for assistance under Priority Axis 1
Article 174 Investments in agricultural holdings
Article 175 Support for the setting-up of producer groups
Article 176 Investments in processing and marketing of agriculture and fishery products
Section 4 Eligibility and specific requirements under Priority Axis 2
Article 177 Preparation for implementation of actions relating to environment and the countryside
Article 178 Preparation and implementation of local rural development strategies
Section 5 Eligibility and specific requirements under Priority Axis 3
Article 179 Improvement and development of rural infrastructure
Article 180 Diversification and development of rural economic activities
Article 181 Improvement of training
Section 6 Technical assistance
Article 182 Scope and implementation
Article 183 European Network for Rural Development

CHAPTER II Programming

Article 184 Programmes
Article 185 Adoption and amendments of programmes

CHAPTER III Implementation

Section 1 Principles and financial management
Article 186 Implementing principles
Article 187 Calculation of payments
Article 188 Pre-financing
Article 189 Clearance of accounts
Article 190 Criteria for financial corrections
Section 2 Evaluation and monitoring
Article 191 Ex ante, interim and ex post evaluations
Article 192 Sectoral monitoring committee
Article 193 Sectoral annual reports
Article 194 Further provisions for monitoring and reporting

PART III FINAL PROVISIONS

Article 195 Entry into force

ANNEXACCREDITATION CRITERIAStandard list of areas and related requirements as referred to in Article 11(2)