Legal provisions of COM(2011)482 - Amendment of Council Regulation (EC) No 1083/2006 as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability - Main contents
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| dossier | COM(2011)482 - Amendment of Council Regulation (EC) No 1083/2006 as regards certain provisions relating to financial management for certain ... |
|---|---|
| document | COM(2011)482  |
| date | December 13, 2011 |
Article 1
‘Article 77
Common rules for calculating interim payments and payments of the final balance
1. Interim payments and payments of the final balance shall be calculated by applying the co-financing rate laid down in the decision on the operational programme concerned for each priority axis to the eligible expenditure indicated under that priority axis in each statement of expenditure certified by the certifying authority.
2. By way of derogation from Article 53(2), from the second sentence of Article 53(4) and from the ceilings set out in Annex III, interim payments and payments of the final balance shall be increased by an amount corresponding to 10 percentage points above the co-financing rate applicable to each priority axis, but not exceeding 100 %, to be applied to the amount of eligible expenditure newly declared in each certified statement of expenditure submitted during the period in which a Member State meets one of the following conditions:
| (a) | financial assistance is made available to it in accordance with Council Regulation (EU) No 407/2010 of 11 May 2010 establishing a European financial stabilisation mechanism (12) or financial assistance is made available to it by other euro area Member States before the entry into force of that Regulation; |
| (b) | medium-term financial assistance is made available to it in accordance with Council Regulation (EC) No 332/2002 of 18 February 2002 establishing a facility providing medium-term financial assistance for Member States’ balances of payments (13); |
| (c) | financial assistance is made available to it in accordance with the Treaty establishing the European Stability Mechanism following its entry into force. |
3. A Member State seeking to benefit from a derogation under paragraph 2, shall submit a written request to the Commission by 21 February 2012 or within 2 months from the date on which the Member State meets one of the conditions referred to in paragraph 2.
4. In its request under paragraph 3, the Member State shall justify the need for the derogation, by providing information necessary to establish:
| (a) | by means of data on its macroeconomic and fiscal situation, that no resources for the national counterpart are available; |
| (b) | that an increase of payments, as referred to in paragraph 2, is necessary to safeguard the continued implementation of operational programmes; |
| (c) | that problems persist even if the maximum ceilings applicable to co-financing rates set out in Annex III are used; |
| (d) | that it meets one of the conditions referred to in points (a), (b) or (c) of paragraph 2, by providing a reference to a Council Decision or other legal act, as well as the concrete date from which the financial assistance was made available to the Member State. |
The Commission shall verify whether the information submitted justifies granting a derogation under paragraph 2. The Commission shall have 30 days from the date of submission of the request to raise an objection as to the correctness of the submitted information.
If the Commission decides to object to the Member State’s request, the Commission shall adopt a decision, by means of an implementing act, stating its reasons.
If the Commission does not raise an objection to the Member State’s request under paragraph 3, the request shall be considered to be justified.
5. The Member State’s request shall also detail the intended use of the derogation provided for in paragraph 2, and give information about complementary measures foreseen in order to concentrate the Funds on competitiveness, growth and employment, including, where appropriate, a modification of operational programmes.
6. The derogation provided for in paragraph 2 shall not apply for statements of expenditure submitted after 31 December 2013.
7. For the purpose of calculating interim payments and payments of the final balance after a Member State ceases to benefit from the financial assistance referred to in paragraph 2, the Commission shall not take into account the increased amounts paid in accordance with that paragraph.
However, those amounts shall be taken into account for the purpose of Article 79(1).
8. The increased interim payments resulting from the application of paragraph 2 shall be made available as soon as possible to the managing authority and shall only be used for making payments in the implementation of the operational programme.
9. In the context of strategic reporting under Article 29(1), Member States shall provide the Commission with appropriate information on the use of the derogation, provided for in paragraph 2 of this Article, showing how the increased amount of support has contributed to promote competitiveness, growth and employment in the Member State concerned. That information shall be taken into account by the Commission in the preparation of the strategic report referred to in Article 30(1).
10. Notwithstanding paragraph 2, the Union contribution through interim payments and payments of the final balance shall not be higher than the public contribution and the maximum amount of assistance from the Funds for each priority axis as laid down in the decision of the Commission approving the operational programme.
11. Paragraphs 2 to 9 shall not apply to operational programmes under the European territorial cooperation objective.
Article 2
However, it shall apply retroactively to the following Member States: in the case of Ireland, Greece and Portugal, with effect from the date on which the financial assistance was made available to those Member States as mentioned in Article 77(2) of Regulation (EC) No 1083/2006, and in the case of Hungary, Latvia and Romania, with effect from 1 January 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.