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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)

EU Regulation No 718/2007 · Adopted 12 June 2007 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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)f1 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 Communitiesf2 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:

Annotations to the whole text

Footnotes

f1

OJ L 210, 31.7.2006, p. 82.

f2

OJ L 248, 16.09.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

Contents

  1. Part I: COMMON PROVISIONS
  2. Title I: PRINCIPLES AND GENERAL FRAMEWORK FOR ASSISTANCE
  3. Chapter I: Subject matter and principles
  4. 1Subject matter
  5. 2Definitions
  6. 3Principles of assistance
  7. 4Priorities for assistance
  8. Chapter II: General framework for implementation
  9. 5Multi-annual indicative planning documents
  10. 6Multi-annual or annual programmes
  11. 7Framework agreements and sectoral agreements
  12. 8Financing decisions and agreements
  13. Title II: COMMON RULES FOR IMPLEMENTATION
  14. Chapter I: Principles
  15. 9Coherence of implementation of assistance
  16. 10General principles for implementation of assistance
  17. Chapter II: Management and control systems
  18. Decentralised management
  19. Accreditation and conferral of management powers
  20. 11Common requirements
  21. 12Accreditation of the national authorising officer and the national fund
  22. 13Accreditation of the operating structure
  23. 14Conferral of management powers by the Commission
  24. 15Withdrawal or suspension of the accreditation of the national authorising officer and the national fund
  25. 16Withdrawal or suspension of the accreditation of the operating structures
  26. 17Withdrawal or suspension of conferral of management powers
  27. 18Decentralisation without ex ante controls by the Commission
  28. 19Anti-fraud measures
  29. 20Audit trail
  30. Structures and authorities
  31. 21Designation
  32. 22Functions and responsibilities of the national IPA coordinator
  33. 23Functions and responsibilities of the strategic coordinator
  34. 24Responsibilities of the competent accrediting officer
  35. 25Functions and responsibilities of the national authorising officer
  36. 26The national fund
  37. 27Statement of assurance by the national authorising officer
  38. 28Functions and responsibilities of the operating structure
  39. 29Functions and responsibilities of the audit authority
  40. 30Follow-up of the audit authority reports
  41. 31Specific bodies
  42. Other forms of management
  43. 32Structures and authorities for centralised or joint management
  44. 33Structures and authorities for shared management
  45. Chapter III: Financial contribution by the European Community
  46. 34Eligibility of expenditure
  47. 35Treatment of receipts
  48. 36Property of interests
  49. 37Community financing
  50. 38Aid intensities and rate of Community contribution
  51. Chapter IV: Financial management
  52. Budgetary commitments
  53. 39Principles
  54. Rules for decentralised management
  55. 40Payments
  56. 41Acceptability of applications for payment
  57. 42Pre-financing
  58. 43Interim payments
  59. 44Calculation of payments
  60. 45Payment of the final balance
  61. 46Suspension of payments
  62. 47Closure of a programme
  63. 48Retention of documents
  64. 49Financial corrections
  65. 50Financial adjustments
  66. 51Criteria for financial corrections
  67. 52Procedure for financial correction
  68. 53Repayment
  69. 54Re-use of Community contribution
  70. Rules for centralised and joint management
  71. 55Payments
  72. 56Closure of a programme
  73. Chapter V: Evaluation and monitoring
  74. 57Evaluation
  75. 58Monitoring in the case of decentralised management
  76. 59Sectoral monitoring committees in the case of decentralised management
  77. 60Monitoring in the case of centralised and joint management
  78. 61Annual and final reports on implementation
  79. Chapter VI: Publicity, visibility
  80. 62Information and publicity
  81. 63Visibility
  82. Part II: SPECIFIC PROVISIONS
  83. Title I: TRANSITION ASSISTANCE AND INSTITUTION BUILDING COMPONENT
  84. Chapter I: Object of assistance and eligibility
  85. 64Areas of assistance
  86. 65Forms of assistance
  87. 66Eligibility of expenditure
  88. 67Aid intensities and rate of Community contribution
  89. Chapter II: Programming
  90. 68Programming framework
  91. 69National programmes
  92. 70Participation in Community programmes within national programmes
  93. 71Participation in Community agencies within national programmes
  94. 72Regional and horizontal programmes
  95. Chapter III: Implementation
  96. Framework for implementation and principles
  97. 73General principles
  98. 74Structure and authorities in the event of centralised and joint management
  99. 75Structure and authorities in the event of decentralised management
  100. 76Accreditation of the operating structure and conferral of management powers
  101. 77Implementation principles in the event of twinning projects
  102. 78Implementation principles in the event of participation in Community programmes and agencies
  103. Financial management
  104. 79Payments under decentralised management
  105. 80Retention of documents
  106. 81Property of interest
  107. Evaluation and monitoring
  108. 82Evaluation
  109. 83Monitoring
  110. 84Sectoral annual and final reports on implementation
  111. Title II: CROSS–BORDER COOPERATION COMPONENT
  112. Chapter I: Object of assistance and eligibility
  113. 85Additional definitions for the cross-border cooperation component
  114. 86Areas and forms of assistance
  115. 87Partnership
  116. 88Territorial eligibility
  117. 89Eligibility of expenditure
  118. 90Aid intensities and rate of Community contribution
  119. Chapter II: Programming
  120. Programmes
  121. 91Preparation and approval of cross-border programmes
  122. 92Financing agreements
  123. 93Revision of cross-border programmes
  124. 94Content of cross-border programmes
  125. Operations
  126. 95Selection of operations
  127. 96Responsibilities of the lead beneficiary and the other final beneficiaries
  128. 97Special conditions governing the location of operations
  129. Chapter III: Implementation
  130. General provisions
  131. 98Implementing modalities
  132. 99Transitional arrangements
  133. 100Termination of transitional arrangements
  134. Cross-border programmes between beneficiary countries and Member States
  135. Management and control systems
  136. 101General principles
  137. 102Designation of authorities
  138. 103Functions of the managing authority
  139. 104Functions of the certifying authority
  140. 105Functions of the audit authority
  141. 106Audit trail
  142. 107Audits of operations
  143. 108Control system
  144. Evaluation and monitoring
  145. 109Evaluation
  146. 110Joint monitoring committee
  147. 111Arrangements for monitoring
  148. 112Annual report and final report on implementation
  149. 113Annual examination of programmes
  150. Responsibility of participating countries and of the Commission
  151. 114Management and control
  152. 115Description of management and control systems
  153. 116Assessment of management and control systems
  154. 117Requirements at change over from transitional arrangements
  155. 118Conclusion and communication of arrangements between participating countries
  156. 119Responsibilities of the Commission
  157. 120Cooperation with the audit authorities
  158. 121Procurement
  159. Financial management
  160. 122Common rules for payments
  161. 123Common rules for calculating interim payments and payments of the final balance
  162. 124Statement of expenditure
  163. 125Accumulation of pre-financing and of interim payments
  164. 126Wholeness of payment to final beneficiaries
  165. 127Use of the euro
  166. 128Pre-financing
  167. 129Interest
  168. 130Clearance
  169. 131Acceptability of applications for interim payments
  170. 132Date of presentation of applications for interim payment and payment delays
  171. 133Conditions for the payment of the final balance
  172. 134Availability of documents
  173. 135Interruption of the payment deadline
  174. 136Suspension of payments
  175. 137Automatic de-commitment
  176. 138Financial corrections and irregularities
  177. Cross-border programmes among beneficiary countries
  178. Management and control systems
  179. 139Structures and authorities
  180. 140Role of the Commission in the selection of operations
  181. Evaluation and monitoring
  182. 141Evaluation
  183. 142Joint monitoring committee
  184. 143Shared tasks of the operating structures and the joint monitoring committee
  185. 144Annual report and final report on implementation
  186. Financial management
  187. 145Grants
  188. 146Applicable rules
  189. Title III: REGIONAL DEVELOPMENT AND HUMAN RESOURCES DEVELOPMENT COMPONENTS
  190. Chapter I: Object of assistance and eligibility
  191. Regional development component
  192. 147Areas and forms of assistance
  193. 148Eligibility of expenditure
  194. 149Aid intensities and rate of Community contribution
  195. 150Revenue-generating projects
  196. Human resources development component
  197. 151Areas and forms of assistance
  198. 152Eligibility of expenditure
  199. 153Aid intensities and rate of Community contribution
  200. Chapter II: Programming
  201. 154Strategic coherence framework
  202. 155Operational programmes
  203. 156Revision of operational programmes
  204. 157Major projects under the regional development component
  205. Chapter III: Implementation
  206. General rules
  207. 158Selection of operations
  208. 159Financial engineering instruments
  209. 159aContribution to a Union trust fund for external action
  210. Financial management
  211. 160Payments
  212. 161Acceptability of applications for payment
  213. 162Deadlines for payments
  214. 163Suspension of payments
  215. 164Closure of a programme
  216. 165Re-use of Community contribution
  217. Evaluation and monitoring
  218. 166Evaluation
  219. 167Sectoral monitoring committee
  220. 168Arrangements for monitoring
  221. 169Sectoral annual and final reports on implementation
  222. Title IV: RURAL DEVELOPMENT COMPONENT
  223. Chapter I: Object of assistance and eligibility
  224. Object of assistance
  225. 170Additional definitions for the rural development component
  226. 171Areas and forms of assistance
  227. General requirements on eligibility and aid intensities
  228. 172Eligibility of expenditure
  229. 173Aid intensities and rate of Community contribution
  230. Eligibility and specific requirements for assistance under Priority Axis 1
  231. 174Investments in agricultural holdings
  232. 175Support for the setting-up of producer groups
  233. 176Investments in processing and marketing of agriculture and fishery products
  234. Eligibility and specific requirements under Priority Axis 2
  235. 177Preparation for implementation of actions relating to environment and the countryside
  236. 178Preparation and implementation of local rural development strategies
  237. Eligibility and specific requirements under Priority Axis 3
  238. 179Improvement and development of rural infrastructure
  239. 180Diversification and development of rural economic activities
  240. 181Improvement of training
  241. Technical assistance
  242. 182Scope and implementation
  243. 183European Network for Rural Development
  244. Chapter II: Programming
  245. 184Programmes
  246. 185Adoption and amendments of programmes
  247. Chapter III: Implementation
  248. Principles and financial management
  249. 186Implementing principles
  250. 187Calculation of payments
  251. 188Pre-financing
  252. 189Clearance of accounts
  253. 190Criteria for financial corrections
  254. Evaluation and monitoring
  255. 191Ex ante, interim and ex post evaluations
  256. 192Sectoral monitoring committee
  257. 193Sectoral annual reports
  258. 194Further provisions for monitoring and reporting
  259. Part III: FINAL PROVISIONS
  260. 195Entry into force
  261. Signature
  262. Annex: ACCREDITATION CRITERIA
  263. 1Control environment (establishment and management of the organisation and the staff)
  264. 2Planning/risk management (planning of interventions)
  265. 3Control activities (implementation of interventions)
  266. 4Monitoring activities (supervision of interventions)
  267. 5Communication (ensuring all actors receive information necessary to fulfil their role)