OpenLegislation

Article 9 Management and control of financial instruments referred to in points (b) and (c) of Article 38(1) of Regulation (EU) No 1303/2013 (Article 40(4) of Regulation (EU) No 1303/2013) Management and control of financial instruments set up at national or regional levelF2F22

United Kingdom

Original text. Later amendments are not shown.

F11.

For operations involving support from programmes to financial instruments F3referred to in points (b) and (c) of Article 38(1) of Regulation (EU) No 1303/2013, the managing authority shall ensure that:

(a)

the operation complies with applicable law, the relevant programme and the relevant funding agreement, both during the appraisal and selection process of the operation and during the set-up and implementation of the financial instrument;

(b)

funding agreements contain provisions on audit requirements and on the audit trail in accordance with point 1(e) of Annex IV to Regulation (EU) No 1303/2013;

F4(c)

management verifications are carried out throughout the programming period and during the set-up and implementation of the financial instruments in accordance with Article 125(4) of Regulation (EU) No 1303/2013 for F5the ERDF, the ESF, the Cohesion Fund and F6the EMFF support under Regulation 508/2014, and in accordance with Article 58(1) F7and (2) of Regulation (EU) No 1306/2013 for F8the EAFRD support for rural development;

(d)

supporting documents for expenditure declared as eligible are:

  1. (i)

    F9kept for the operation by the managing authority, the financial intermediary, or the body that implements the fund of funds where the financial instrument is implemented through a fund of funds, in order to provide evidence of the use of the funds for the intended purposes, of compliance with applicable law and of compliance with the criteria and the conditions for funding under the relevant programmes;

  2. (i)

    kept for the operation by the managing authority or the financial intermediary in order to provide evidence of the use of the funds for the intended purposes, of compliance with applicable law and of compliance with the criteria and the conditions for funding under the relevant programmes;

  3. (ii)

    available to allow verification of the legality and regularity of expenditure F10declared to the Commission;

(e)

supporting documents allowing verification of compliance with F11Union and national law and with the conditions of funding include at least:

  1. (i)

    documents on the establishment of the financial instrument;

  2. (ii)

    documents identifying the amounts contributed by each programme and under each priority F12axis to the financial instrument, the expenditure that is eligible under the programmes and the interest and other gains generated by support from F13the ESI Funds and re-use of resources attributable to the ESI Funds , and re-use of resources attributable to, support for rural development F14and support under Regulation 508/2014 in accordance with Articles 43, 43a and 44 of Regulation (EU) No 1303/2013;

  3. (iii)

    documents on the functioning of the financial instrument, including those related to monitoring, reporting and verifications;

  4. (iv)

    documents demonstrating compliance with Articles 43, 43a, 44 and 45 of Regulation (EU) No 1303/2013;

  5. (v)

    documents concerning exits of programme contributions and the winding-up of the financial instrument;

  6. (vi)

    documents on the management costs and fees;

  7. (vii)

    application forms, or equivalent, submitted by final recipients with supporting documents, including business plans and, when relevant, previous annual accounts;

  8. (viii)

    checklists and reports from the bodies implementing the financial instrument, where available;

  9. (ix)

    F15declarations made in connection with de minimis aid, if applicable;

  10. (x)

    agreements signed in connection with the support provided by the financial instrument, including for equity, loans, guarantees or other forms of investment provided to final recipients;

  11. (xi)

    evidence that the support provided through the financial instrument was used for its intended purpose;

  12. (xii)

    records of the financial flows between the managing authority and the financial instrument, and within the financial instrument at all levels, down to the final recipients, and in the case of guarantees proof that underlying loans were disbursed;

  13. (xiii)

    separate records or accounting codes for programme contribution paid or guarantee committed by the financial instrument for the benefit of the final recipient.

2.

F16For operations involving support F17from programmes under Regulation 508/2014 to financial instruments F18under the ERDF, the ESF, the Cohesion Fund and the EMFF, the audit authorities shall ensure that financial instruments are audited throughout the programming period until closure both in the framework of systems audits and audits of operations in accordance with Article 127(1) of Regulation (EU) No 1303/2013.

For operations involving support F19from programmes for rural development to financial instruments F20under the EAFRD, the audit bodies shall ensure that financial instruments are audited throughout the programming period until closure in the framework of systems audits and audits of operations in accordance with Article 9(1) of Regulation (EU) No 1306/2013 of the European Parliament and of the Councilf1.

F213.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

By The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 8(8)(b)(i) it is provided that (26.3.2021) the words “national or regional” in Art 9(1) are substituted (W.) for the words “national, regional transnational or cross border” in so far as they apply to domestic support for rural development

F2

Substituted by Commission Delegated Regulation (EU) 2019/886 of 12 February 2019 amending and correcting Delegated Regulation (EU) No 480/2014 as regards the provisions on financial instruments, simplified cost options, audit trail, scope and content of audits of operations and methodology for the selection of the sample of operations and Annex III.

F3

By The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 8(8)(b)(ii) it is provided (26.3.2021) that the words “referred to in Article 38(1)(b) of Regulation (EU) No 1303/2013” in Art. 9(1) are omitted (W.) in so far as they apply to domestic support for rural development

F4

By The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 8(8)(b)(iii) it is provided (26.3.2021) that the words from “in accordance with Article 125(4)” to “Regulation (EU) No 1305/2013” in Art. 9(1)(c) are omitted (W.) in so far as they apply to domestic support for rural development) by virtue of

F5

Words in Art. 9(1)(c) omitted in so far as it applies to support for rural development and support under Regulation 508/2014 (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(9)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F6

Words in Art. 9(1)(c) substituted in so far as it applies to support for rural development and support under Regulation 508/2014 (31.12.2020) by The European Structural and Investment Funds Common Provisions Rules etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/783), regs. 1, 5(9)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F7

Words in Art. 9(1)(c) omitted in so far as it applies to support for rural development and support under Regulation 508/2014 (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(9)(a)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F8

Words in Art. 9(1)(c) substituted in so far as it applies to support for rural development and support under Regulation 508/2014 (31.12.2020) by The European Structural and Investment Funds Common Provisions Rules etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/783), regs. 1, 5(9)(a)(i)(dd); 2020 c. 1, Sch. 5 para. 1(1)

F9

Art. 9(1)(d)(i) substituted in so far as it applies to domestic support for rural development (W.) (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 8(8)(b)(iv)

F10

Words in Art. 9(1)(d)(ii) omitted in so far as it applies to support for rural development and support under Regulation 508/2014 (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(9)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F11

Words in Art. 9(1)(e) omitted in so far as it applies to support for rural development and support under Regulation 508/2014 (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(9)(a)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F12

Word in Art. 9(1)(e)(ii) omitted in so far as it relates to domestic support for rural development (W.) (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 8(8)(b)(v)(aa)

F13

Words in Art. 9(1)(e)(ii) substituted in so far as it applies to support for rural development and support under Regulation 508/2014 (31.12.2020) by The European Structural and Investment Funds Common Provisions Rules etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/783), regs. 1, 5(9)(a)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F14

Words in Art. 9(1)(e)(ii) omitted in so far as it relates to domestic support for rural development (W.) (26.3.2021) virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 8(8)(b)(v)(bb)

F15

Art. 9(1)(e)(ix) omitted in so far as it relates to domestic support for rural development (W.) (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 8(8)(b)(v)(cc)

F16

Words in Art. 9(2) omitted in so far as it relates to domestic support for rural development (W.) (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 8(8)(c)

F17

Words in Art. 9(2) substituted in so far as it applies to support for rural development and support under Regulation 508/2014 (31.12.2020) by The European Structural and Investment Funds Common Provisions Rules etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/783), regs. 1, 5(9)(aa)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F18

Words in Art. 9(2) omitted in so far as it applies to support for rural development and support under Regulation 508/2014 (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(9)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F19

Words in Art. 9(2) substituted in so far as it applies to support for rural development and support under Regulation 508/2014 (31.12.2020) by The European Structural and Investment Funds Common Provisions Rules etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/783), regs. 1, 5(9)(aa)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F20

Words in Art. 9(2) omitted in so far as it applies to support for rural development and support under Regulation 508/2014 (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(9)(b)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F21

Deleted by Commission Delegated Regulation (EU) 2019/886 of 12 February 2019 amending and correcting Delegated Regulation (EU) No 480/2014 as regards the provisions on financial instruments, simplified cost options, audit trail, scope and content of audits of operations and methodology for the selection of the sample of operations and Annex III.

F22

Art. 9 heading substituted in so far as it applies to domestic support for rural development (W.) (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 8(8)(a)

Footnotes

f1

Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agriculture policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 ( OJ L 347, 20.12.2013, p. 549 ).

Notes on Chapter II

Textual amendments

F1

Words in Ch. 2 heading substituted in so far as it applies to support for rural development and support under Regulation 508/2014 (31.12.2020) by The European Structural and Investment Funds Common Provisions Rules etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/783), regs. 1, 5(4); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Ch. 2 heading omitted in so far as it relates to domestic support for rural development (W.) (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 8(4)