1. This Regulation establishes the European Solidarity Corps Programme (the ‘Programme’) for the period of the 2021-2027 MFF.
2. The Programme sets up the following two strands of actions:
(a)
the ‘participation of young people in solidarity activities’ strand; and
(b)
the ‘participation of young people in humanitarian aid related solidarity activities’ strand (the ‘European Voluntary Humanitarian Aid Corps’).
3. This Regulation lays down the objectives of the Programme, the budget for the period from 2021 to 2027, the forms of Union funding and the rules for providing such funding.
Article 2 -
Definitions
For the purposes of this Regulation, the following definitions apply:
(1)
‘solidarity activity’ means a high-quality, inclusive activity that addresses important societal challenges, that contributes to the achievement of the Programme objectives, that takes the form of volunteering, a solidarity project or a networking activity in various fields, including in the field of humanitarian aid, that ensures European added value and that complies with occupational health and safety regulations and relevant security rules;
(2)
‘registered candidate’ means an individual aged between 17 and 30 years or, in the case of volunteering under the European Voluntary Humanitarian Aid Corps, between 17 and 35 years who is legally residing in a Member State, in a third country associated to the Programme or in another participating country under this Regulation and who has registered in the European Solidarity Corps Portal to express his or her interest in engaging in a solidarity activity but who is not yet participating in such an activity;
(3)
‘participant’ means an individual aged between 18 and 30 years or, in the case of volunteering under the European Voluntary Humanitarian Aid Corps, between 18 and 35 years who is legally residing in a Member State, in a third country associated to the Programme or in another participating country under this Regulation, who has registered in the European Solidarity Corps Portal and who takes part in a solidarity activity;
(4)
‘young people with fewer opportunities’ means young people who, for economic, social, cultural, geographical or health reasons, due to their migrant background, or for reasons such as a disability or educational difficulties or for any other reason, including a reason that could give rise to discrimination under Article 21 of the Charter, face obstacles that prevent them from having effective access to opportunities under the Programme;
(5)
‘participating organisation’ means a local, regional, national or international public or private entity, whether non-profit or profit-making, that has been attributed a quality label;
(6)
‘volunteering’ means a solidarity activity that takes place, for a period of up to 12 months, as a voluntary unpaid activity that contributes to the achievement of the common good;
(7)
‘solidarity project’ means an unpaid solidarity activity that takes place for a period of up to 12 months and that is carried out by groups of at least five participants with a view to addressing key challenges within their communities while presenting a clear European added value;
(8)
‘quality label’ means the certification attributed, on the basis of varying specific requirements depending on the type of solidarity activity provided, to a participating organisation willing to provide solidarity activities under the Programme in a host capacity, in a support capacity, or in both capacities;
(9)
‘European Solidarity Corps Resource Centres’ means the additional functions performed by designated national agencies to support the development, implementation and quality of solidarity activities under the Programme as well as the identification of the competences acquired by the participants through their solidarity activities;
(10)
‘European Solidarity Corps Portal’ means an interactive web-based tool, in all official languages of the Union, managed under the responsibility of the Commission, that provides relevant online services to support the quality implementation of the Programme, that complements the activities of participating organisations, including providing information about the Programme, that registers participants, that searches for participants, that advertises and searches for solidarity activities, that searches for potential project partners, that supports contact making and offers for solidarity activities, training and communication and networking activities, that informs and notifies users about opportunities, that provides a feedback mechanism regarding the quality of solidarity activities and that allows other functions to be added in response to relevant developments related to the Programme;
(11)
‘Union transparency and recognition tool’ means an instrument that helps stakeholders to understand, appreciate and, as appropriate, recognise non-formal and informal learning outcomes throughout the Union;
(12)
‘humanitarian aid activity’ means an activity that supports post-crisis and long-term humanitarian aid operations in third countries, that is intended to provide needs-based assistance aimed at preserving life, preventing and alleviating human suffering, and maintaining human dignity in the face of man-made crises or natural disasters, and that includes assistance, relief and protection operations in ongoing humanitarian crises or their aftermath, supporting measures to ensure access to people in need and to facilitate the free flow of assistance, and actions that aim to reinforce disaster preparedness and disaster risk reduction, link relief, rehabilitation and development and contribute towards strengthening the resilience and capacity of vulnerable or disaster-affected communities to cope with and recover from crises;
(13)
‘third country’ means a country that is not member of the Union.
Article 3 -
Programme objectives
1. The general objective of the Programme is to enhance the engagement of young people and organisations in accessible and high-quality solidarity activities, primarily volunteering, as a means to strengthen cohesion, solidarity, democracy, European identity and active citizenship in the Union and beyond, addressing societal and humanitarian challenges on the ground, with a particular focus on the promotion of sustainable development, social inclusion and equal opportunities.
2. The specific objective of the Programme is to provide young people, including young people with fewer opportunities, with easily accessible opportunities for engagement in solidarity activities that induce positive societal changes in the Union and beyond, while improving and properly validating their competences, as well as facilitating their continuous engagement as active citizens.
3. The Programme objectives shall be implemented under the strands of actions set out in Article 1(2).
CHAPTER II - Programme actions
Article 4 -
Programme actions
1. The Programme shall support the following actions:
(a)
volunteering as set out in Articles 7 and 10;
(b)
solidarity projects as set out in Article 8;
(c)
networking activities as set out in Article 5(1); and
(d)
quality and support measures as set out in Article 5(2).
2. The Programme shall support solidarity activities which present a clear European added value, for example through their:
(a)
transnational character, particularly with regard to learning mobility and cooperation;
(b)
ability to complement other programmes and policies at local, regional, national, Union and international level;
(c)
European dimension regarding their themes and aims, approaches, expected outcomes and other aspects of those solidarity activities;
(d)
approach to involving young people from different backgrounds;
(e)
contribution to the effective use of Union transparency and recognition tools.
3. Solidarity activities shall be implemented in accordance with specific requirements set for each type of activity carried out in the framework of the Programme as referred to in Articles 5, 7, 8 and 10, as well as with applicable regulatory frameworks in Member States and third countries associated to the Programme.
4. References to the European Voluntary Service in the legal acts of the Union shall be read as including references to volunteering under both Regulation (EU) No 1288/2013 and this Regulation.
Article 5 -
Actions common to both strands
1. Networking activities shall be carried out in-country or cross-border and shall aim to:
(a)
reinforce the capacities of participating organisations to offer high-quality, easily accessible projects to an increasing number of participants;
(b)
attract new participants and new participating organisations;
(c)
provide participants and participating organisations with opportunities to give feedback on solidarity activities and to promote the Programme; and
(d)
contribute to the exchange of experiences and strengthening of a sense of belonging among participants and participating organisations, thereby supporting the wider positive impact of the Programme, including through activities such as the exchange of best practices and the creation of networks.
2. Quality and support measures shall include:
(a)
appropriate measures to provide clearance requirements in accordance with applicable national law;
(b)
measures taken before, during or after the solidarity activities that aim to ensure the quality and accessibility of those activities, including online and offline training, adapted, where appropriate, to the solidarity activity in question and its context, language support, insurance, including accident and sickness insurance, the further use of Youthpass, which identifies and documents the competences acquired by participants during the solidarity activities, capacity building, and administrative support for participating organisations;
(c)
the development and maintenance of a quality label;
(d)
the activities of European Solidarity Corps Resource Centres to support and raise the quality of the implementation of the Programme actions and enhance the validation of their outcomes; and
(e)
the establishment, maintenance and updating of an accessible European Solidarity Corps Portal and of other relevant online services, as well as necessary IT support systems and web-based tools.
CHAPTER III - Participation of young people in solidarity activities
Article 6 -
Purpose and types of actions
1. Actions implemented under the ‘participation of young people in solidarity activities’ strand shall, in particular, contribute to strengthening cohesion, solidarity, active citizenship and democracy within and outside the Union, while also responding to societal challenges with a particular focus on the promotion of social inclusion and equal opportunities.
2. The ‘participation of young people in solidarity activities’ strand shall support the following actions:
(a)
volunteering as set out in Article 7;
(b)
solidarity projects as set out in Article 8;
(c)
networking activities for individuals and organisations participating in this strand as set out in Article 5(1);
(d)
quality and support measures as set out in Article 5(2).
Article 7 -
Volunteering under the ‘participation of young people in solidarity activities’ strand
1. Volunteering shall:
(a)
include a learning and training component;
(b)
not be a substitute for traineeships or jobs;
(c)
not be equated with employment; and
(d)
be based on a written volunteering agreement.
The agreement referred to in point (d) of the first subparagraph shall set out the rights and obligations of the parties to that agreement, the duration and location of deployment and a description of the tasks involved. Such an agreement shall refer to the terms of the participants’ insurance coverage and, where appropriate, to the relevant clearance requirements, in accordance with applicable national law.
2. Volunteering may take place in a country other than the participant’s country of residence (‘cross-border volunteering’) or in the participant’s country of residence (‘in-country volunteering’). In-country volunteering shall be open to the participation of all young people, in particular young people with fewer opportunities.
Article 8 -
Solidarity projects
Solidarity projects shall not be a substitute for traineeships or jobs.
CHAPTER IV - European Voluntary Humanitarian Aid Corps
Article 9 -
Purpose, principles and types of actions
1. Actions under the European Voluntary Humanitarian Aid Corps shall, in particular, contribute to providing needs-based humanitarian aid aimed at preserving life, preventing and alleviating human suffering and maintaining human dignity and to strengthening the capacity and resilience of vulnerable or disaster-affected communities.
2. The actions under the European Voluntary Humanitarian Aid Corps shall:
(a)
be carried out in compliance with the humanitarian principles of humanity, neutrality, impartiality and independence, as well as with the ‘do no harm’ principle;
(b)
respond to the humanitarian needs of local communities identified in cooperation with humanitarian and other relevant partners within the hosting country or region;
(c)
be planned on the basis of risk assessments and undertaken in a way that ensures that there is a high level of safety and security for volunteers;
(d)
where relevant, facilitate the transition from the humanitarian response to long-term sustainable and inclusive development;
(e)
facilitate the active involvement of local staff and volunteers from the countries and communities in which they are implemented;
(f)
wherever relevant, take into account the specific needs of women and seek to involve women and groups and networks of women; and
(g)
contribute to efforts to strengthen local preparedness or the response to humanitarian crises.
3. The European Voluntary Humanitarian Aid Corps shall support the following actions:
(a)
volunteering as set out in Article 10;
(b)
networking activities for individuals and organisations participating in the European Voluntary Humanitarian Aid Corps as set out in Article 5(1);
(c)
quality and support measures as set out in Article 5(2), with a particular focus on measures to ensure the safety and security of participants.
Article 10 -
Volunteering under the European Voluntary Humanitarian Aid Corps
1. Volunteering under the European Voluntary Humanitarian Aid Corps shall:
(a)
include a learning and training component, including on the principles set out in Article 10(2), and, where appropriate, development and capacity building components, with the involvement of highly skilled, highly trained and experienced coaches, mentors and experts;
(b)
not be a substitute for traineeships or jobs;
(c)
not be equated with employment; and
(d)
be based on a written volunteering agreement.
The agreement referred to in point (d) of the first subparagraph shall set out the rights and obligations of the parties to that agreement, the duration and location of deployment and a description of the tasks involved. Such an agreement shall refer to the terms of the participants’ insurance coverage and, where appropriate, to the relevant clearance requirements, in accordance with applicable national law.
2. Volunteering under the European Voluntary Humanitarian Aid Corps may only take place in those regions of third countries in which:
(a)
humanitarian aid activities and operations take place; and
(b)
there are no ongoing international or non-international armed conflicts.
CHAPTER V - Financial provisions
Article 11 -
Budget
1. The financial envelope for the implementation of the Programme for the period from 2021 to 2027 shall be EUR 1 009 000 000 in current prices.
2. With a maximum of 20 % for in-country volunteering, the indicative distribution of the amount set out in paragraph 1 for the actions referred to in points (a), (b) and (c) of Article 4(1) shall be:
(a)
94 % for volunteering as set out in Article 7 and solidarity projects;
(b)
6 % for volunteering as set out in Article 10.
3. The amount set out in paragraph 1 may be used for technical and administrative assistance for the implementation of the Programme, such as preparatory, monitoring, control, audit and evaluation activities, including corporate information technology systems.
4. Resources allocated to Member States under shared management may, at the request of the Member State concerned, be transferred to the Programme, subject to the conditions set out in Article 26 of a Regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (the ‘Common Provisions Regulation for 2021-2027’). The Commission shall implement those resources directly in accordance with point (a) of the first subparagraph of Article 62(1) of the Financial Regulation or indirectly in accordance with point (c) of that subparagraph. Those resources shall be used for the benefit of the Member State concerned.
Article 12 -
Forms of Union funding and methods of implementation
1. The Programme shall be implemented, in a consistent manner, under direct management in accordance with point (a) of the first subparagraph of Article 62(1) of the Financial Regulation or under indirect management with bodies as referred to in point (c) of the first subparagraph of Article 62(1) of that Regulation.
2. The Programme may provide funding in any of the forms laid down in the Financial Regulation, in particular grants, prizes and procurement.
3. Contributions to a mutual insurance mechanism may cover the risk associated with the recovery of funds due by recipients and shall be considered a sufficient guarantee under the Financial Regulation. Article 37(7) of Regulation (EU) 2021/695 of the European Parliament and of the Council (25) shall apply.
4. For selections under both direct and indirect management, members of the evaluation committee may be external experts as provided for in the third subparagraph of Article 150(3) of the Financial Regulation.
CHAPTER VI - Participation in the programme
Article 13 -
Third countries associated to the Programme
1. The Programme shall be open to the participation of the following third countries:
(a)
members of the European Free Trade Association which are members of the European Economic Area, in accordance with the conditions laid down in the Agreement on the European Economic Area;
(b)
acceding countries, candidate countries and potential candidate countries, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions or in similar agreements and in accordance with the specific conditions laid down in agreements between the Union and those countries;
(c)
European Neighbourhood Policy countries, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions or in similar agreements and in accordance with the specific conditions laid down in agreements between the Union and those countries;
(d)
other third countries, in accordance with the conditions laid down in a specific agreement covering the participation of the third country to any Union programme, provided that the agreement:
(i)
ensures a fair balance as regards the contributions and benefits of the third country participating in the Union programmes;
(ii)
lays down the conditions of participation in the programmes, including the calculation of financial contributions to individual programmes and their administrative costs;
(iii)
does not confer on the third country any decision-making power in respect of the Union programme; and
(iv)
guarantees the rights of the Union to ensure sound financial management and to protect its financial interests.
The contributions referred to in point (d)(ii) of the first subparagraph shall constitute assigned revenues in accordance with Article 21(5) of the Financial Regulation.
2. The countries listed in paragraph 1 may only participate in the Programme in its entirety and provided that they fulfil all the obligations which this Regulation imposes on Member States.
Article 14 -
Other participating countries
1. The Programme shall be open to the participation of overseas countries and territories.
2. In duly justified cases in the Union’s interest, the actions referred to in Article 5 and volunteering as referred to in Article 7 may also be open to participation of legal entities of third countries not associated to the Programme.
Article 15 -
Participation of individuals
1. Young people aged between 17 and 30 years or, in the case of volunteering under the European Voluntary Humanitarian Aid Corps as set out in Article 10, between 17 and 35 years who wish to participate in the Programme shall register in the European Solidarity Corps Portal.
2. At the moment of commencing volunteering or a solidarity project under the ‘participation of young people in solidarity activities’ strand, a participant shall be at least 18 years of age and not older than 30 years of age. At the moment of commencing volunteering under the European Voluntary Humanitarian Aid Corps as set out in Article 10, a participant shall be at least 18 years of age and not older than 35 years of age.
Article 16 -
Inclusion of young people with fewer opportunities
1. When implementing this Regulation, the Commission, the Member States and third countries associated to the Programme shall ensure that specific and effective measures are taken to promote social inclusion and equal access conditions, in particular for the participation of young people with fewer opportunities.
2. The Commission shall, by 9 December 2021, develop a framework of inclusion measures to increase participation rates among people with fewer opportunities and guidance for the implementation of such measures. That guidance shall be updated as necessary over the duration of the Programme. Based on the framework of inclusion measures, and with particular attention to the specific Programme access challenges within the national contexts, inclusion action plans shall be developed and shall form an integral part of the national agencies’ work programmes. The Commission shall monitor the implementation of those inclusion action plans on a regular basis.
3. The Commission shall, where relevant, and safeguarding sound financial management, ensure that financial support measures, including pre-financing, are put in place to facilitate the participation of young people with fewer opportunities in the Programme. The level of support shall be based on objective criteria.
Article 17 -
Participating organisations
1. The Programme shall be open to the participation of public or private entities, whether non-profit or profit-making, and international organisations, provided that they have received a quality label.
2. The competent Programme implementing body shall assess an application from an entity to become a participating organisation based on the principles of:
(a)
equal treatment;
(b)
equal opportunities and non-discrimination;
(c)
the avoidance of job substitution;
(d)
the avoidance of harmful activities;
(e)
the provision of high quality, easily accessible and inclusive activities with a learning dimension focusing on personal, socio-educational and professional development;
(f)
adequate volunteering arrangements;
(g)
safe and decent environments and conditions, with internal mechanisms for conflict resolution to protect the participant; and
(h)
‘no-profit’ in accordance with the Financial Regulation.
The competent Programme implementing body shall use the principles referred to in the first subparagraph to ascertain whether the activities of the entity applying to become a participating organisation meet the requirements and objectives of the Programme.
3. As a result of the assessment referred to in paragraph 2, the entity may be attributed a quality label. The competent Programme implementing body shall periodically reassess whether the entity continues to comply with the conditions that led to the attribution of the quality label. Where the entity no longer complies with those conditions, the competent Programme implementing body shall take remedial measures until such time as the conditions and quality requirements are met. In the event of continued failure to comply with those conditions and quality requirements, the quality label shall be revoked.
4. Any entity which has received a quality label shall be given access to the European Solidarity Corps Portal in a host capacity, in a support capacity, or in both capacities, and shall be able to make offers of solidarity activities to registered candidates.
5. The quality label shall not automatically lead to funding under the Programme.
6. The solidarity activities and related quality and support measures offered by a participating organisation may receive funding under the Programme or from other funding sources which do not depend on the Union budget.
7. For participating organisations under the European Voluntary Humanitarian Aid Corps, the safety and security of volunteers, based on risk assessments, shall be a priority.
8. After completion of the solidarity activity and if requested by the participant, a participating organisation shall provide the participant with a certification stating the learning outcomes of, and skills developed during, the solidarity activity, such as Youthpass or Europass.
Article 18 -
Access to the funding under the Programme
Any public or private entity established in a Member State, overseas country or territory or third country associated to the Programme, as well as any international organisation, may apply for funding under the Programme. In the case of volunteering as set out in Articles 7 and 10, the participating organisation shall, as a pre-condition, have obtained a quality label in order to receive funding under the Programme. In the case of the solidarity projects referred to in Article 8, natural persons may also apply for funding on behalf of informal groups of participants. As a general rule, the grant application shall be submitted to the national agency of the country in which the entity, organisation or natural person is based.
CHAPTER VII - Programming, monitoring and evaluation
Article 19 -
Work programme
The Programme shall be implemented by work programmes as referred to in Article 110 of the Financial Regulation. Work programmes shall give an indication of the amount allocated to each action and of the distribution of funds between the Member States and third countries associated to the Programme for the actions to be managed through the national agency. The Commission shall adopt work programmes by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 31.
Article 20 -
Monitoring and reporting
1. Indicators to report on the progress of the Programme towards the achievement of the general and specific objectives laid down in Article 3 are set out in the Annex.
2. To ensure the effective assessment of the Programme’s progress towards the achievement of its objectives, the Commission is empowered to adopt delegated acts, in accordance with Article 30, to amend the Annex with regard to the indicators, where considered necessary, and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework.
3. The performance reporting system shall ensure that data for monitoring the implementation and results of the Programme are collected efficiently, effectively, in a timely manner and at the appropriate level of detail.
To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and, where appropriate, on Member States.
Article 21 -
Evaluation
1. The Commission shall carry out evaluations in a timely manner to feed into the decision-making process.
2. Once sufficient information about the implementation of the Programme is available but, in any event, no later than 31 December 2024, the Commission shall carry out an interim evaluation of the Programme. That interim evaluation shall also be accompanied by a final evaluation of the 2018-2020 European Solidarity Corps Programme, which shall feed into the interim evaluation. The interim evaluation of the Programme shall assess the overall effectiveness and performance of the Programme, as well as the delivery of the inclusion measures.
3. Without prejudice to the requirements set out in Chapter IX and the obligations of national agencies set out in Article 24, Member States shall submit to the Commission, by 31 May 2024, a report on the implementation and the impact of the Programme in their respective territories.
4. Where appropriate, and on the basis of the interim evaluation, the Commission shall put forward a legislative proposal to amend this Regulation.
5. After 31 December 2027 but, in any event, no later than 31 December 2031, the Commission shall carry out a final evaluation of the results and impact of the Programme.
6. The Commission shall transmit any evaluations carried out under this Article, including the interim evaluation, accompanied by its observations, to the European Parliament, to the Council, to the European Economic and Social Committee and to the Committee of the Regions.
CHAPTER VIII - Information, communication and dissemination
Article 22 -
Information, communication and dissemination
1. The recipients of Union funding shall acknowledge the origin of those funds and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.
2. The Commission shall implement information and communication actions relating to the Programme, to actions taken pursuant to the Programme and to the results obtained. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, insofar as those priorities are related to the objectives referred to in Article 3.
3. In cooperation with the Commission, the national agencies shall develop a consistent strategy with regard to effective outreach, and the dissemination and exploitation of the results of activities supported under the actions they manage within the Programme. The national agencies shall assist the Commission in its general task of disseminating information concerning the Programme, including information in respect of actions and activities managed at national and Union level, and its results. National agencies shall inform relevant target groups about the actions and activities undertaken in their respective countries.
4. Participating organisations shall use the name ‘European Solidarity Corps’ for the purposes of communicating and disseminating information related to the Programme.
CHAPTER IX - Management and audit system
Article 23 -
National authority
In each Member State and third country associated to the Programme, the national authorities designated for the management of actions referred to in Chapter III of Regulation (EU) 2021/817 shall also act as national authorities in the framework of the Programme. Article 26(1), (2), (6), (7), (9), (10), (11), (12), (13) and (14) of Regulation (EU) 2021/817 shall apply mutatis mutandis to national authorities under the Programme.
Article 24 -
National agency
1. In each Member State and third country associated to the Programme, the national agencies designated for the management of the actions referred to in Chapter III of Regulation (EU) 2021/817 in their respective countries shall also act as national agencies in the framework of the Programme. Article 27(1) and (2) and (4) to (8) of Regulation (EU) 2021/817 shall apply mutatis mutandis to the national agencies under the Programme.
2. Without prejudice to Article 27(2) of Regulation (EU) 2021/817, the national agency shall also be responsible for managing all stages of the project lifecycle of those Programme actions listed in the implementing acts referred to in Article 19 of this Regulation, in accordance with point (c) of the first subparagraph of Article 62(1) of the Financial Regulation.
3. Where a national agency has not been designated for a third country as referred to in Article 13(1) of this Regulation, it shall be established in accordance with Article 27 of Regulation (EU) 2021/817.
Article 25 -
European Commission
1. The rules applying to the relationship between the Commission and a national agency shall be laid down, in accordance with Article 27 of Regulation (EU) 2021/817, in a written document which shall:
(a)
set out the internal control standards for the national agency concerned and the rules for the management of the Union funds for grant support by the national agencies;
(b)
include the national agency work programme comprising the management tasks of the national agency to which Union support is provided; and
(c)
specify the reporting requirements for the national agency.
2. Each year, the Commission shall make the following funds available to the national agency:
(a)
funds for grant support in the Member State or third country associated to the Programme concerned for Programme actions the management of which is entrusted to the national agency;
(b)
a financial contribution in support of the national agency’s management tasks, which shall be established in accordance with the arrangements set out in point (b) of Article 28(3) of Regulation (EU) 2021/817.
3. The Commission shall lay down the requirements for the national agency’s work programme. The Commission shall not make Programme funds available to the national agency before having formally approved the national agency’s work programme.
4. On the basis of the compliance requirements for national agencies referred to in Article 26(3) of Regulation (EU) 2021/817, the Commission shall review the national management and control systems, the national agency’s yearly management declaration and the opinion of the independent audit body thereon, taking due account of the information provided by the national authority on its monitoring and supervision activities with regard to the Programme.
5. After assessing the yearly management declaration and the opinion of the independent audit body thereon, the Commission shall address its opinion and observations to the national agency and the national authority.
6. In the event that the Commission cannot accept the yearly management declaration or the independent audit opinion thereon, or in the event of unsatisfactory implementation by the national agency of the Commission’s observations, the Commission may implement any precautionary and corrective measures necessary to safeguard the Union’s financial interests in accordance with point (c) of the first subparagraph of Article 131(3) of the Financial Regulation.
Article 26 -
Independent audit body
1. The independent audit body shall issue an audit opinion on the yearly management declaration as referred to in point (c) of Article 155(1) of the Financial Regulation. It shall form the basis of the overall assurance pursuant to Article 127 of the Financial Regulation.
2. The independent audit body shall:
(a)
have the necessary professional competence to carry out public sector audits;
(b)
ensure that its audits take account of internationally accepted audit standards; and
(c)
not be in a position of conflict of interest with regard to the legal entity of which the national agency forms part and shall be independent, in terms of its functions, of the legal entity of which the national agency forms part.
3. The independent audit body shall give the Commission and its representatives and the Court of Auditors full access to all documents and reports in support of the audit opinion that it issues on the national agency’s yearly management declaration.
CHAPTER X - Control system
Article 27 -
Principles of the control system
1. The Commission shall be responsible for the supervisory controls with regard to the Programme actions managed by the national agencies. It shall set the minimum requirements for the controls by the national agency and the independent audit body.
2. National agencies shall be responsible for the primary controls of grant beneficiaries for the Programme actions which are entrusted to them. Those controls shall provide reasonable assurance that the grants awarded are used as intended and in compliance with the applicable Union rules.
3. With regard to the Programme funds transferred to the national agencies, the Commission shall ensure proper coordination of its controls with the national authorities and the national agencies on the basis of the single audit principle and following a risk-based analysis. This paragraph shall not apply to investigations carried out by OLAF.
Article 28 -
Protection of the financial interests of the Union
Where a third country participates in the Programme by means of a decision adopted pursuant to an international agreement or on the basis of any other legal instrument, the third country shall grant the necessary rights and access required for the authorising officer responsible, OLAF and the Court of Auditors to comprehensively exercise their respective competences. In the case of OLAF, such rights shall include the right to carry out investigations, including on-the-spot checks and inspections, as provided for in Regulation (EU, Euratom) No 883/2013.
CHAPTER XI - Complementarity
Article 29 -
Complementarity of Union action
1. The Programme actions shall be consistent with and complementary to the relevant policies, instruments and programmes at Union level, in particular the Erasmus+ Programme, as well as to existing networks at Union level relevant to the activities of the Programme.
2. The Programme actions shall also be consistent with and complementary to the relevant policies, programmes and instruments at national level in the Member States and third countries associated to the Programme. To that end, the Commission, national authorities and national agencies shall exchange information on existing national schemes and priorities related to solidarity and youth, on the one hand, and actions under the Programme, on the other hand, with a view to building on relevant good practices and achieving efficiency and effectiveness.
3. Volunteering as set out in Article 10 shall, in particular, be consistent with and complementary to other areas of Union external action, in particular humanitarian aid policy, development cooperation policy, enlargement policy, neighbourhood policy and the Union Civil Protection Mechanism.
4. An action that has received a contribution under the Programme may also receive a contribution from another Union programme, provided that the contributions do not cover the same costs. The rules of the relevant Union programme shall apply to the corresponding contribution to the action. The cumulative financing shall not exceed the total eligible costs of the action. The support from the different Union programmes may be calculated on a pro-rata basis in accordance with the documents setting out the conditions for support.
5. Project proposals may receive support from the European Regional Development Fund or the European Social Fund Plus, in accordance with Article 73(4) of the Common Provisions Regulation for 2021-2027, where they have been awarded a Seal of Excellence label under the Programme by virtue of complying with the following cumulative conditions:
(a)
they have been assessed in a call for proposals under the Programme;
(b)
they comply with the minimum quality requirements of that call for proposals; and
(c)
they cannot be financed under that call for proposals due to budgetary constraints.
CHAPTER XII - Transitional and final provisions
Article 30 -
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 20 shall be conferred on the Commission for the duration of the Programme.
3. The delegation of power referred to in Article 20 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 20 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 31 -
Committee procedure
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 32 -
Repeal
Regulations (EU) 2018/1475 and (EU) No 375/2014 are repealed with effect from 1 January 2021.
Article 33 -
Transitional provisions
1. This Regulation shall not affect the continuation of or modification of actions initiated pursuant to Regulation (EU) 2018/1475 or (EU) No 375/2014, which shall continue to apply to those actions until their closure.
2. The financial envelope for the Programme may also cover the technical and administrative assistance expenses necessary to ensure the transition between the Programme and the measures adopted pursuant to Regulation (EU) 2018/1475 or (EU) No 375/2014.
3. In accordance with point (a) of the second subparagraph of Article 193(2) of the Financial Regulation, and by way of derogation from Article 193(4) of that Regulation, in duly justified cases specified in the financing decision, activities supported under this Regulation and the underlying costs incurred in 2021 may be considered eligible as of 1 January 2021, even if those activities were implemented and those costs incurred before the grant application was submitted.
4. If necessary, appropriations may be entered in the Union budget beyond 2027 to cover the expenses provided for in Article 11(3) in order to enable the management of actions and activities not completed by 31 December 2027.
5. Member States shall ensure, at national level, the unimpeded transition between the actions implemented under the 2018-2020 European Solidarity Corps Programme and those to be implemented under the Programme.
Article 34 -
Entry into force
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
