# Commission Implementing Regulation (EU) No 1362/2014Show full title

Commission Implementing Regulation (EU) No 1362/2014 of 18 December 2014 laying down rules on a simplified procedure for the            approval of certain amendments to operational programmes financed under the European Maritime and Fisheries Fund and rules            concerning the format and presentation of the annual reports on the implementation of those programmes         

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# Commission Implementing Regulation (EU) No 1362/2014                     

# of 18 December 2014

# laying down rules on a simplified procedure for the approval of certain amendments to operational programmes financed under                        the European Maritime and Fisheries Fund and rules concerning the format and presentation of the annual reports on the implementation                        of those programmes                     

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European                           Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC)                           No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council(1), and in particular Articles 22(1) and 114(3) thereof,                        

Whereas:

(1)According to Article 20 of Regulation (EU) No 508/2014, any amendments to an operational programme financed under the European                              Maritime and Fisheries Fund (‘EMFF’) must be approved by the Commission.

(2)According to Article 22(2) of Regulation (EU) No 508/2014 procedures and timetables for the submission and approval of the                              following amendments to operational programmes are to be simplified in the following cases: (a) amendments to operational                              programmes concerning a transfer of funds between Union priorities, provided that the funds transferred do not exceed 10 %                              of the amount allocated to the Union priority; (b) amendments to operational programmes concerning the introduction or withdrawal                              of measures or types of relevant operations and related information and indicators; (c) amendments to operational programmes                              concerning changes in the description of measures, including changes of eligibility conditions; (d) amendments required by                              changes in the priorities of the Union for the enforcement and control policy. Such amendments to operational programmes should                              not affect the overall intervention logic of the programme, the selected Union priorities and specific objectives, nor the                              results they should deliver and should therefore raise no doubts as to their compatibility with the existing rules and practices.

(3)It is therefore necessary to lay down rules on a simplified procedure for the approval of amendments to operational programmes                              listed in Article 22(2) of Regulation (EU) No 508/2014. This procedure should allow the Commission to approve within an accelerated                              time frame such type of amendments submitted by a given Member State to their operational programme. In view of the time constraints,                              the simplified procedure should be subject to Member States submitting a request supported with complete information allowing                              the Commission to make the full assessment of the proposed amendments.

(4)Pursuant to Article 50 of Regulation (EU) No 1303/2013 and Article 114 of Regulation (EU) No 508/2014, each Member State is                              to submit to the Commission an annual report on the implementation of its operational programme by 31 May of each year from                              2016 until 2023.

(5)The annual implementation report submitted by the Member States should provide information that is consistent and comparable                              between the years of implementation as well as among Member States. The report should also allow for aggregation of data at                              the level of the EMFF or where necessary, for the whole of the European Structural and Investment Funds.

(6)It is necessary to lay down rules concerning the format and presentation of those annual implementation reports.

(7)In order to allow for the prompt application of the measures provided for in this Regulation, this Regulation should enter                              into force on the day following that of its publication in the *Official Journal of the European Union*.

(8)The measures provided for in this Regulation are in accordance with the opinion of the Committee for the European Maritime                              and Fisheries Fund,

HAS ADOPTED THIS REGULATION:

## Article 1U.K.Approval by simplified procedure of amendments to operational programmes

1.When a Member State submits to the Commission a request for approval of an amendment to its operational programme falling                        under the scope of Article 22(2) of Regulation (EU) No 508/2014, it shall ask the Commission to approve that amendment by                        simplified procedure pursuant to this Article.                  

2.Requests for approval by simplified procedure shall only include amendments listed in Article 22(2) of Regulation (EU) No                        508/2014.                  

3.Where the Commission considers that information provided by the Member State concerned with regard to an amendment submitted                        pursuant to paragraph 1 is incomplete, it shall request all necessary additional information. The period laid down in paragraphs                        4 and 5 shall begin on the day following the receipt of a complete request for approval of an amendment to its operational                        programme as indicated by the Commission to the Member State.                  

4.Where the Commission has not sent to the Member State any observations within 25 working days from receiving a request for                        approval by simplified procedure, the amendment to the operational programme shall be deemed to have been approved by the                        Commission.                  

5.Where the Commission has sent observations to the Member State within 25 working days from receiving the request for approval                        by simplified procedure, the amendment to the operational programme shall be approved in accordance with the procedure laid                        down in Article 30(2) of Regulation (EU) No 1303/2013 and Article 20(1) of Regulation (EU) No 508/2014.                  

## Article 2U.K.Format and presentation of the annual implementation reports

The content of the annual implementation report as set out in Article 50 of the Regulation (EU) No 1303/2013 and in Article                     114(2) of Regulation (EU) No 508/2014, shall be presented in accordance with the model set out in the Annex to this Regulation.                  

# Article 3U.K.

This Regulation shall enter into force on the day following that of its publication in the *Official Journal of the European Union*.                  

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 December 2014.

*For the Commission*                            

*The President*                            

Jean-Claude Juncker                            

## ANNEXU.K.Model for the annual implementation report of the EMFF

## **Part A — Reporting Submitted Every Year**U.K.

### 1.*Identification of the annual implementation report*U.K.

### 2.*Overview of the implementation of the Operational Programme (Article 50(2) of Regulation (EU) no 1303/2013)*U.K.

Key information on the implementation of the Operational Programme for the year concerned, including on financial instruments,                     with relation to the financial and indicator data.                  

*<2.1 type=”S” maxlength=”7000” input=”M”>*                   

### 3.*Implementation of the Union priorities*U.K.

#### 3.1.Overview of the implementation (Article 50(2) of Regulation (EU) No 1303/2013)U.K.

Information should be provided as short and general commentary on the implementation of the Union priorities and technical                     assistance for the year(s) concerned with reference to key developments, significant problems and steps taken to address these                     problems.                  

#### 3.2.Result, output and financial indicators for EMFF (Article 50(2) of Regulation (EU) No 1303/2013)U.K.

Data for result, output and financial indicators as well as identifying milestones and targets for the performance framework                     by using tables 1-3.                  

##### TABLE 1

Result indicators for the EMFF (Reference table of OP template 3.2)

*Table below to be repeated for each Union priority*

##### TABLE 2

Output indicators for EMFF (Reference table of OP template 3.3 and 7.1)

*Table below to be repeated for each selected specific objective of the relevant Union priority*

##### TABLE 3

Financial indicators for EMFF (Reference table of OP template 7.1)

#### 3.3.Financial dataU.K.

##### TABLE 4

Financial data for the EMFF (Reference table of OP template 8.2, 8.3 and 9.2)

##### TABLE 5

Cost of operations implemented outside the programme area (Article 70 of Regulation (EU) No 1303/2013)

### 4.*Issues affecting the performance of the programme and corrective measures taken*U.K.

#### 4.1.Actions taken to fulfil the ex-ante conditionalities (Article 50(4) of Regulation (EU) No 1303/2013)U.K.

Member States are to provide information on specific ex-ante conditionalities not fulfilled at the time of adoption of the                     Operational Programme.                  

Description of the stage of and actions taken for fulfilling specific ex-ante conditionalities with respect to actions and                     timetable planned and provided in the Partnership Agreement and the Operational Programme. *(Applicable only for reports submitted in 2016 and 2017)*                   

##### TABLE 6

Actions taken to fulfil applicable EMFF-specific ex-ante conditionalities

#### 4.2.Issues which affect the performance of the programme and the corrective measures taken (Article 50(2) of Regulation (EU) No                        1303/2013)U.K.

*<4.2.1 type=”S” maxlength=”7000” input=”M”>*                   

### 5.*Information on serious infringements and remedy actions (Article 114(2) of Regulation (EU) No 508/2014)*U.K.

Information and actions taken on cases of serious infringements as referred to in Article 10(1) and non-respect of durability                     conditions and remedy actions as set out in Article 10(2).                  

*<5.1 type=”S” maxlength=”7000” input=”M”>*                   

### 6.*Information on actions taken to comply with Article 41(8) (Article 114(2) of Regulation (EU) No 508/2014)*U.K.

A summary of actions taken is to be provided on the progress to achieve the provision set out in Article 41(8) with regard                     to the priority up to 60 % of the public assistance to be ensured to small-scale coastal fishing sector, including data on                     actual share of small-scale coastal fishing within the operations financed under the measure of Article 41(2)                  

*<6.1 type=”S” maxlength=”7000” input=”M”>*                   

### 7.*Information on the actions taken to ensure the publication of beneficiaries (Article 114(2) ) of Regulation (EU) No 508/2014)*U.K.

A summary of actions taken is to be provided in line with Annex V of EMFF Regulation, with special regard to national legislation                     including any applicable threshold regarding the publication of data of natural persons                  

*<7.1 type=”S” maxlength=”7000” input=”M”>*                   

### 8.*Activities in relation to the evaluation plan and synthesis of the evaluations (Article 114(2)) of Regulation (EU) No 508/2014,                           Article 50(2) of Regulation (EU) No 1303/2013)*U.K.

A summary should be provided on activities undertaken in relation to the implementation of the evaluation plan, including                     follow-up given to the findings of evaluations.                  

A synthesis of the findings should be provided of all evaluations of the programme that have become available during the previous                     financial year, with reference of name and reference period of the evaluation reports used.                  

Additionally, the access to evaluations that were made publicly available pursuant to Article 54(4) of Regulation (EU) No 1303/2013                     should be communicated here.                  

*<8.1 type=”S” maxlength=”17500” input=”M”>*                   

### 9.*Citizen's summary (Article 50(9) of Regulation (EU) No 1303/2013)*U.K.

A citizen's summary of the contents of the Annual Implementation Reports should be made public.

*[A citizens' summary of the contents of the AIRs should be made public and uploaded as a separate file in the form of annex                        to the AIR. The format proposed: upload to SFC2014 as a separate file, no structured data, no restrictions on the number of                        characters used.]*                   

### 10.*Report on the implementation of financial instruments (Article 46(1) of Regulation (EU) No 1303/2013)*U.K.

Where the Managing Authority has decided to use financial instruments, it must send the Commission a specific report covering                     the financial instruments operations as an annex to the annual implementation report, using the template included into the                     implementing act adopted pursuant to Article 46(3) of Regulation (EU) No 1303/2013.                  

## **Part B — Reporting submitted in 2017, 2019 and by the deadline referred to in Article 138(1) of Regulation (EU) No 1303/2013                           (in Addition to Part A)**U.K.

### 11.*Assessment of the implementation of the Operational Programme (Article 50(4) of Regulation (EU) No 1303/2013)*U.K.

For each Union priority an assessment should be carried out on the information and data provided in Part A and progress towards                     achieving the objectives of the programme (incorporating the findings and recommendations of evaluations)                  

An assessment by Union priority of whether progress made toward milestones and targets is sufficient to ensure their eventual                     fulfilment, indicating any remedial actions taken or planned, where appropriate                  

### 12.*Horizontal principles of implementation (Article 50(4) of Regulation (EU) No 1303/2013)*U.K.

An assessment of the implementation of specific actions to take into account the principles set out in Article 5 of Regulation                     (EU) No 1303/2013 on partnership and multi-level governance, with particular emphasis on the role of partners in the implementation                     of the programme.                  

*<12.1 type=”S” maxlength=”7000” input=”M”>*                   

An assessment of the implementation of specific actions to take into account the principles set out in Article 7 of Regulation                     (EU) No 1303/2013 on promotion of equality between men and women and non-discrimination, including accessibility for disabled                     persons as well as the arrangements implemented to ensure the integration of the gender perspective in the Operational Programme.                  

*<12.2 type=”S” maxlength=”3500” input=”M”>*                   

An assessment of the implementation of specific actions to take into account the principles set out in Article 8 of Regulation                     (EU) No 1303/2013 on sustainable development, including an overview of the actions taken to promote sustainable development.                  

*<12.3 type=”S” maxlength=”3500” input=”M”>*                   

### 13.*Reporting on support used for climate change objectives (Article 50(4) of Regulation (EU) No 1303/2013)*U.K.

Figures are calculated automatically and will be included into Table 4 on financial data. A clarification on the given values                     may be provided, particularly if the actual data is lower than the planned.                  

*<13.1 type=”S” maxlength=”3500” input=”M”>*                   

## **Part C — Reporting Submitted in 2019 and by the Deadline referred to in Article 138(1) of Regulation (EU) No 1303/2013 (in                           addition to Parts A + B)**U.K.

### 14.*Smart, sustainable and inclusive growth (Article 50(5) of Regulation (EU) No 1303/2013)*U.K.

Information and assessment should be provided on the Operational Programme's contribution to achieving the objectives of the                     Union strategy for smart, sustainable and inclusive growth.                  

*<13.1 type=”S” maxlength=”17500” input=”M”>*                   

### 15.*Issues affecting the performance of the programme — performance framework (Article 50(2) of Regulation (EU) No 1303/2013)*U.K.

Where the assessment of progress made with regard to the milestones and targets set out in the performance framework demonstrates                     that certain milestones and targets have not been achieved, Member States should outline the underlying reasons for failure                     to achieve these in the report of 2019 (for milestones) and the report by the deadline referred to in Article 138(1) of Regulation                     (EU) No 1303/2013 (for targets)                  

*<14.1 type=”S” maxlength=”7000” input=”M”>*                   

1

OJ L 149, 20.5.2014, p. 1.