1994R1164 — EN — 01.01.2000 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EC)No 1164/94
of 16 May 1994
establishing a Cohesion Fund
(OJ L 130, 25.5.1994, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 1264/1999 of 21 June 1999 L161 57 26.6.1999
►M2Council Regulation (EC) No 1265/1999 of 21 June 1999 L161 62 26.6.1999
NB: ThisconsolidatedversioncontainsreferencestotheEuropeanunitofaccountand/ortheecu,whichfrom1January1999
shouldbeunderstoodasreferencestotheeuro—CouncilRegulation(EEC)No3308/80(OJL345,20.12.1980,p.1)andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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COUNCIL REGULATION (EC)No 1164/94
of 16 May 1994
establishing a Cohesion Fund
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Economic
Community, and in particular the second subparagraph of Article 130dthereof,
Having regard to the proposal from the Commission(
1),
Having regard to the assent of the European Parliament(2),
HavingregardtotheopinionoftheEconomicandSocialCommittee(3),
Having regard to the opinion of the Committee of the Regions(4),
Whereas Article 2 of the Treaty includes the task of promoting
economic and social cohesion and solidarity among Member States asobjectives essential to the Community’s development and success;whereasthestrengtheningofsuchcohesionisreferredtoinpoint(j)ofArticle3oftheTreatyasoneoftheactivitiesoftheCommunityforthepurposes set out in Article 2 of the Treaty;
Whereas Article 130a of the Treaty provides for the Community to
develop and pursue its actions leading to the strengthening of itseconomic and social cohesion, and provides in particular that it shallaim at reducing disparities between the levels of development of thevarious regions and the backwardness of the least-favoured regions;whereas Community action through the Cohesion Fund should supportthe achievement of the objectives set out in Article 130a;
WhereastheconclusionsoftheEuropeanCouncilsheldinLisbonon26
and 27 June 1992 and in Edinburgh on 11 and 12 December 1992concerning the establishment of the Cohesion Fund set out the princi-ples governing it;
Whereasthepromotionofeconomicandsocialcohesionrequiresaction
by the Cohesion Fund in addition to that taken through the StructuralFunds, the European Investment Bank and the other financial instru-ments in the fields of the environment and transport infrastructure ofcommon interest;
Whereas the Protocol on economic and social cohesion annexed to the
Treaty establishing the European Community reaffirms the Communi-ty’s task of promoting economic and social cohesion and solidaritybetweenMemberStatesandspecifiesthataCohesionFundwillprovideafinancialcontributiontoprojectsinthefieldsoftheenvironmentandtrans-European networks in the Member States subject to two condi-tions:firstlythattheyhaveapercapitagrossnationalproduct(GNP)oflessthan90 %oftheCommunityaverageandsecondlythattheyhavea programme leading to the fulfilment of the conditions of economicconvergence as set out in Article 104c of the Treaty; whereas therelativeprosperityofMemberStatesisbestassessedonthebasisofpercapita GNP, measured in purchasing power parities;
Whereasmeetingtheconvergencecriteriawhichareapreconditionfor
moving to the third stage of economic and monetary union calls for adetermined effort from the Member States concerned; whereas, in thiscontext, all of the beneficiary Member States are to submit to theCouncil a convergence programme designed for that purpose and toavoid excessive government deficits;
(1) OJ No C 39, 9. 2. 1994, p. 6.
(2) Assent given on 5 May 1994 (not yet published in the Official Journal).
(3) OJ No C 133, 16. 5. 1994.
(4) Opinion delivered on 5 April 1994 (not yet published in the Official
Journal).
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Whereas,withregardtotheeconomicconvergencecriterion,thecurrentmacroeconomic conditionality provisions will continue to apply;whereas, accordingly, no new projects or new project stages shall befinanced by the Fund in a Member State in the event of the Council,acting by qualified majority on a recommendation from the Commis-sion, finding that the Member State has not respected the StabilityGrowth Pact;
Whereas the provisions to speed up and clarify the excessive deficit
procedure,havingasitsobjectivetodeterexcessivegeneralgovernmentdeficits and, if they occur, to further their prompt correction were setout in Council Regulation (EC) No 1467/97(
1);
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Whereas the second subparagraph of Article 130d of the Treaty statesthattheCouncilistosetupaCohesionFundbefore31December1993to provide a financial contribution to projects in the fields of environ-ment and trans-European networks in the area of transport infrastruc-ture;
Whereas Article 129c (1) of the Treaty provides that the Community
may contribute through the Cohesion Fund to the financing of specificprojects in the Member States in the area of transport infrastructure,whilst taking into account the potential economic viability of theprojects; whereas projects financed by the Fund should form part oftrans-European network guidelines which have been adopted by theCouncil including those covered by the plans for trans-Europeannetworks approved by the Council or proposed by the Commissionbefore the entry into force of the Treaty on European Union; whereas,however, other transport infrastructure projects contributing to theattainment of the objectives of Article 129b of the Treaty may befinanced until the Council has adopted the appropriate guidelines;
WhereasArticle130roftheTreatydefinestheobjectivesandprinciples
of the Community in the field of the environment; whereas theCommunity may contribute, through the Cohesion Fund, to actionsdesigned to achieve those objectives; whereas, in accordance withArticle130s(5)oftheTreatyandwithoutprejudicetotheprinciplethatthepollutershouldpay,theCouncilmaydecideonfinancialassistancefromtheCohesionFundwhereameasurebasedonparagraph1ofthatArticleinvolvescostsdeemeddisproportionateforthepublicauthoritiesof a Member State;
Whereas the principles and objectives of sustainable development are
established in the Community’s programme of policy and action inrelation to the environment and sustainable development as set out inthe Council Resolution of 1 February 1993(
2);
Whereasasuitablebalancemustbestruckbetweenfinancingfortrans-
port infrastructure projects and financing for environmental projects;
WhereastheCommission’sGreenPaperontheImpactofTransporton
the Environment reiterates the need to develop a more environment-friendly transport system which takes into account the sustainabledevelopment needs of the Member States;
Whereas any calculation of the cost of transport infrastructure projects
must encompass environmental costs;
Whereas, in the light of the undertaking by the Member States
concerned not to decrease their investment efforts in the fields ofenvironmental protection and transport infrastructure, the principle ofadditionality within the meaning of Article 9 of Council Regulation(EEC) No 4253/88 of 19 December 1988 laying down provisions forimplementingRegulation(EEC)No2052/88asregardscoordinationofthe activities of the different Structural Funds between themselves and
(1) OJ L 209, 2.8.1997, p. 6.
(2) OJ No C 138, 17. 5. 1993, p. 1.
1994R1164 — EN — 01.01.2000 — 001.001 — 4
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with the operations of the European Investment Bank and the other
existing financial instruments(1) will not apply to the Cohesion Fund;
Whereas, in accordance with Article 198e of the Treaty, the European
Investment Bank (EIB) is to facilitate the financing of investments inconjunctionwithassistancefromtheotherCommunityfinancialinstru-ments;
Whereas it is necessary to coordinate action taken in the fields of the
environment and of trans-European transport infrastructure networksthroughtheCohesionFund,theStructuralFunds,theEIBandtheotherfinancial instruments in order to enhance the effectiveness ofCommunity assistance;
Whereas with a view, in particular, to helping Member States in the
preparationoftheirprojects,theCommissionshouldbeinapositiontoensurethatthenecessarytechnicalsupportisavailabletothem,particu-larly in order to contribute to the preparation, implementation,monitoring and evaluation of projects;
Whereas, particularly in order to ensure value for money, a thorough
appraisal should precede the commitment of Community resources inordertoensurethattheyyieldsocio-economicbenefitsinkeepingwiththe resources deployed;
Whereas assistance from the Cohesion Fund must be consistent with
Community policies, including environmental protection, transport,trans-European networks, competition and the award of publiccontracts;whereasenvironmentalprotectionincludestheassessmentofenvironmental impact;
Whereas there should be provision for an indicative allocation of the
global resources available for commitment between the Member Statesin order to facilitate the preparation of projects;
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Whereas total annual receipt in any Member State from the CohesionFund under this Regulation, in combination with assistance providedunder the Structural Funds, should be limited under a general cappingdependent on the national absorption capacity;
Whereas provision should be made, in conjunction with the fulfilment
oftheconditionsofeconomicconvergenceassetoutinArticle104oftheTreatyandwiththeneedforsoundmanagementofthegovernmentdeficit, for a form of conditionality in the granting of financial assis-tance;whereas,inthatcontext,compliancewiththeobligationsarisingfrom the Treaty must also be assessed having due regard to the guide-lines adopted in the Resolution of the European Council of 17 June1997 on the Stability and Growth Pact(
2) and whereas the concept of
excessive deficit is to be interpreted in the light of that Resolution;whereas, for each participating Member State, macroeconomic condi-tionalityshouldbeassessedtakingaccountoftheresponsibilitiesofthatMember State in respect of the stability of the euro;
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Whereasitisnecessary,giventherequirementsofeconomicandsocialcohesion, to provide a high rate of assistance;
Whereas, in order to facilitate the management of assistance from the
Fund, there should be provision for identifying the stages of projectswhichmaybebeconsideredtechnicallyandfinanciallyseparateandforgrouping the projects together, if necessary;
WhereasitshouldbepossibletooptforassistancefromtheFundeither
by annual instalments or for the whole of the project; and whereas, inaccordance with the principle laid down by the European Councilmeeting at Edinburgh on 11 and 12 December 1992, payment instal-
(1) OJ No L 374, 31. 12. 1988, p. 1. Regulation as amended by Regulation
(EEC) No 2082/93 (OJ No L 193, 31. 7. 1993, p. 20).
(2) OJ C 236, 2.8.1997, p. 1.
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ments following an initial advance should be closely and transparently
linked with progress towards the completion of projects;
Whereas the respective powers and responsibilities of the Member
StatesandtheCommissionconcerningfinancialcontrolovertheFund’soperations should be specified;
Whereas, in the interests of the proper management of the Cohesion
Fund, provision should be made for effective methods of evaluating,monitoring and checking Community operations, specifying the princi-ples governing the evaluation, defining the nature of and the rulesgoverning the monitoring, and laying down the action to be taken inresponsetoirregularitiesorfailuretocomplywithoneoftheconditionslaid down when assistance from that Fund was approved;
Whereas adequate information should be provided, inter alia,in the
form of an annual report;
Whereas provision should be made to give adequate publicity to
Community assistance from the Cohesion Fund;
Whereaspublicationinthe Official Journal of the European Communi-
tiesof calls for public tenders concerning projects receiving assistance
from the Fund should mention the assistance;
Whereas in order to facilitate the application of this Regulation, the
implementing provisions should be defined in Annex II; whereas toensure the necessary flexibility in their application, the Council, actingby a qualified majority on a proposal from the Commission, should beable, if necessary, in the light of experience gained, to amend thoseprovisions;
Whereas this Regulation should, without interruption, replace Council
Regulation(EEC)No792/93of30March1993establishingacohesionfinancial instrument(
1),
HAS ADOPTED THIS REGULATION:
Article 1
Definition and objective
1. A Cohesion Fund, hereinafter referred to as ‘the Fund',is hereby
established.
2. The Fund shall contribute to the strengthening of the economic
and social cohesion of the Community and shall operate according tothe provisions set out in this Regulation.
3. The Fund may contribute to the financing of:
— projects, or— stages of a project which are technically and financially indepen-
dent, or
— groupsofprojectslinkedtoavisiblestrategywhichformacoherent
whole.
Article 2
Scope
1. The Fund shall provide financial contributions to projects, which
contributetoachievingtheobjectiveslaiddownintheTreatyonEuro-peanUnion,inthefieldsoftheenvironmentandtrans-Europeantrans-port infrastructure networks in Member States with a per capita grossnationalproduct(GNP),measuredinpurchasingpowerparities,oflessthan90 %oftheCommunityaveragewhichhaveaprogrammeleadingtothefulfilmentoftheconditionsofeconomicconvergencereferredtoin Article 104c of the Treaty.
(1) OJ No L 79, 1. 4. 1993, p. 74.
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2. Until the end of 1999, only the four Member States which
currently meet the criterion regarding per capita GNP referred to inparagraph 1 shall be eligible for assistance from the Fund. ThoseMember States are Greece, Spain, Ireland and Portugal.
3. With regard to the GNP criterion referred to in paragraph 1, the
Member States referred to in paragraph 2 shall continue to be eligiblefor assistance from the Fund provided that, after a mid-term review in1996,theirGNPremainsbelow90 %oftheCommunityaverage.Anyeligible Member State whose GNP exceeds the 90 % threshold at thattime shall lose its entitlement to assistance from the Fund for newprojects or, in the case of important projects split into several techni-cally and financially separate stages, for new stages of a project.
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4. To be eligible under the Fund from 1 January 2000, the benefi-ciaryMemberStatesmusthaveintroducedaprogrammeasprovidedforin Articles 3 and 7 of Council Regulation (EC) No 1466/97(
1).
The four Member States meeting the GNP criterion referred to in
paragraph 1 are Spain, Greece, Portugal and Ireland.
A mid-term review as provided for in paragraph 3 shall be carried out
before the end of 2003 based on per capita GNP as shown byCommunity data for the period 2000 to 2002.
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Article 3
Eligible measures
1. The Fund may provide assistance for the following:
— environmentalprojectscontributingtotheachievementoftheobjec-
tivesofArticle130roftheTreaty,includingprojectsresultingfrommeasures adopted pursuant to Article 130s of the Treaty and, inparticular, projects in line with the priorities conferred onCommunity environmental policy by the ►
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ProgrammeofPolicyandActioninrelationtotheEnvironmentandSustainable Development,
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— transport infrastructure projects of common interest, supported by
Member States, which are identified within the framework of theguidelines adopted by Decision No 1692/96/EC of the EuropeanParliamentandtheCouncilof23July1996onthedevelopmentofthe trans-European transport network(
2).
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2. Assistance may also be granted for:
— preliminary studies related to eligible projects, including those
necessary for their implementation,
—►M1technicalsupportmeasures,includingpublicityandinforma-
tion campaigns, particularly: ◄
(a) horizontal measures such as comparative studies to assess the
impact of Community assistance;
(b) measures and studies which contribute to the appraisal,
monitoring ►M1, supervision ◄or evaluation, of projects,
and to strengthening and ensuring the coordination and consis-tency of projects, particularly their consistency with otherCommunity policies;
(c) measuresandstudieshelpingtomakethenecessaryadjustments
to the implementation of projects.
(1) OJ L 209, 2.8.1997, p. 2.
(2) OJ L 228, 9.9.1996, p. 1.
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Article 4
Financial resources
For the period 1993 to 1999, the total resources available for commit-
ment for the Fund under this Regulation and Regulation (EEC) No792/93, as set out in the Interinstitutional Agreement of 29 October1993, shall be ECU 15150 million at 1992 prices.
The financial perspectives established with regard to the commitment
appropriations available for each year of the period under the Regula-tions referred to in the first paragraph are as follows:
— 1993: ECU 1500 million,— 1994: ECU 1750 million,— 1995: ECU 2000 million,— 1996: ECU 2250 million,— 1997: ECU 2500 million,— 1998: ECU 2550 million,— 1999: ECU 2600 million.
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From1January2000,totalresourcesavailableforcommitmentsintheperiod 2000 to 2006 should be EUR 18 billion at 1999 prices.
Commitment appropriations for each year of that period should be:
— 2000: EUR 2,615 billion,— 2001: EUR 2,615 billion,— 2002: EUR 2,615 billion,— 2003: EUR 2,615 billion,— 2004: EUR 2,515 billion,— 2005: EUR 2,515 billion,— 2006: EUR 2,510 billion.
In the event of a Member State becoming ineligible, resources for the
Cohesion Fund will be reduced accordingly.
Article 5
Indicative allocation
AnindicativeallocationofthetotalresourcesoftheFundshallbemade
onthebasisofpreciseandobjectivecriteria,principallypopulation,percapita GNP taking account of the improvement in national prosperityattained over the previous period, and surface area; it shall also takeaccountofothersocioeconomicfactorssuchasdeficienciesintransportinfrastructure.
The indicative allocation of the total resources resulting from the
application of those criteria is set out in Annex I.
TotalannualreceiptsfromtheCohesionFundunderthisRegulation,in
combination with assistance provided under the Structural Funds,should not exceed 4 % of national GDP.
Article 6
Conditional assistance
1. No new projects or, in the event of important projects, no new
project stages shall be financed by the Fund in a Member State in theeventoftheCouncil,actingbyaqualifiedmajorityonarecommenda-tionfromtheCommission,findingthattheMemberStateintheapplica-tionofthisRegulationhasnotimplementedtheprogrammereferredtoin Article 2(4) in such a way as to avoid an excessive governmentdeficit.
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ThesuspensionoffinancingshallceasewhentheCouncil,actingunderthe same conditions, finds that the Member State concerned has takenmeasures to implement that programme in such a way as to avoid anexcessive government deficit.
2. Exceptionally,inthecaseofprojectsdirectlyeffectingmorethan
one Member State, the Council acting by a qualified majority on arecommendationfromtheCommissionmaydecidetodefersuspensionof financing.
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Article 7
Rate of assistance
1. The rate of Community assistance granted by the Fund shall be
80 % to 85 % of public or equivalent expenditure, including expendi-turebybodieswhoseactivitiesareundertakenwithinanadministrativeor legal framework by virtue of which they may be deemed to beequivalent to public bodies.
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However, from 1 January 2000 this rate may be reduced to takeaccount, in cooperation with the Member State concerned, of the esti-mated revenue generated by projects and of any application of thepolluter-pays principle.
To achieve this, the Commission shall support beneficiary Member
States’ efforts to maximise the leverage of Fund resources by encour-aging greater use of private sources of funding.
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2. Whereassistanceisgrantedforaprojectwhichgeneratesrevenue,the amount of ►
M1 ◄the assistance from the Fund
►M1 ◄shall be established by the Commission, taking
account of revenue where it constitutes substantial net revenue for thepromotersandinclosecollaborationwiththebeneficiaryMemberState.
‘Project which generates revenue'means:
— infrastructures the use of which involves fees borne directly by
users,
— productive investments in the environment sector.
3. ThebeneficiaryMemberStatesmaysubmitproposalsforprepara-
tory studies and technical support measures.
4. Preliminary studies and technical support measures, including
those undertaken at the Commission’s initiative, may be financedexceptionally at 100 % of the total cost.
Totalexpenditurecarriedoutpursuanttothisparagraphmaynotexceed
0,5 % of the total allocation to the Fund.
Article 8
Coordination and compatibility with Community policies
1. ProjectsfinancedbytheFundshallbeinkeepingwiththeprovi-
sionsoftheTreaties,withtheinstrumentsadoptedpursuanttheretoandwith Community policies, including those concerning environmentalprotection, transport, trans-European networks, competition and theaward of public contracts.
2. The Commission shall ensure coordination and consistency
between projects undertaken pursuant to this Regulation and measuresundertaken with contributions from the Community budget, the Euro-pean Investment Bank (EIB) and the other financial instruments of theCommunity.
1994R1164 — EN — 01.01.2000 — 001.001 — 9
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Article 9
Cumulation and overlapping
1. NoitemofexpendituremaybenefitbothfromtheFundandfrom
theEuropeanAgriculturalGuidanceandGuaranteeFund,theEuropeanSocialFund,theEuropeanRegionalDevelopmentFundorthefinancialinstrument of fisheries guidance.
2. ThecombinedassistanceoftheFundandotherCommunityaidfor
aprojectshallnotexceed90 %ofthetotalexpenditurerelatingtothatproject.
Article 10
Approval of projects
1. The projects to be financed by the Fund shall be adopted by the
Commission in agreement with the beneficiary Member State.
2. Asuitablebalanceshallbestruckbetweenprojectsinthefieldof
the environment and projects relating to transport infrastructure. Thisbalance shall take account of Article 130s (5) of the Treaty.
3. ApplicationsforassistanceforprojectsunderArticle3(1)shallbe
submitted by the beneficiary Member State. Projects, including groupsof related projects, shall be of a sufficient scale to have a significantimpactinthefieldofenvironmentalprotectionorintheimprovementoftrans-Europeantransportinfrastructurenetworks.Inanyevent,thetotalcostofprojectsorgroupsofprojectsmayinprinciplenotbelessthan►
M1EUR◄10 million. Projects or groups of projects costing less
than this may be approved in duly justified cases.
4. Applications shall contain the following information: the body
responsible for implementation, the nature of the investment and adescription thereof, its costs and location, including, where applicable,an indication of projects of common interest situated on the sametransport axis, the timetable for implementation of the work, a cost-benefit analysis, including the direct and indirect effects on employ-ment,informationenabling ►
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onment to be assessed, information on public contracts, the financingplanincluding,wherepossible,informationontheeconomicviabilityoftheproject,andthetotalfinancingtheMemberStateisseekingfromtheFund and any other Community source.
They shall also contain all relevant information providing the required
proofthattheprojectscomplywiththeRegulationandwiththecriteriaset out in paragraph 5, and particularly that there are medium-termeconomic and social benefits commensurate with the resourcesdeployed.
5. The following criteria shall be applied to ensure the high quality
of projects:
— their medium-term economic and social benefits, which shall be
commensurate with the resources deployed; an assessment shall bemade in the light of a cost-benefit analysis,
— the priorities established by the beneficiary Member States,— the contribution which projects can make to the implementation of
Community policies on the environment ►
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polluter-pays principle ◄and trans-European networks,
— the compatibility of projects with Community policies and their
consistency with other Community structural measures,
— theestablishmentofanappropriatebalancebetweenthefieldsofthe
environment and transport infrastructure.
6. SubjecttoArticle6andtotheavailabilityofcommitmentappro-
priations, the Commission shall decide on the grant of assistance fromtheFundprovidedthattherequirementsofthisArticlearefulfilled,asageneralrulewithinthreemonthsofreceiptoftheapplication.Commis-siondecisionsapprovingprojects,stagesofprojectsorgroupsofrelatedprojectsshalldeterminetheamountoffinancialsupportandlaydowna
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financingplantogetherwithalltheprovisionsandconditionsnecessaryfor the implementation of the projects.
7. ThekeydetailsoftheCommission’sdecisionsshallbepublished
in theOfficial Journal of the European Communities .
Article 11
Financial provisions
1. The commitment appropriations entered in the budget shall be
grantedonthebasisofthedecisionsapprovingthemeasuresconcerned,in accordance with Article 10.
2. AssistancerelatingtotheprojectsreferredtoinArticle3(1)shall
as a general rule be committed by annual instalments. However, inappropriatecases,theCommissionmaycommitthetotalamountoftheassistance granted when it adopts the decision granting the assistance.
3. Expenditure within the meaning of Article 7 (1) shall not be
deemedeligibleforassistancefromtheFundifincurredbythebenefi-ciaryMemberStatebeforethedateonwhichtheCommissionreceivesthe relevant application.
4. Paymentsmadeafteraninitialadvancemustbecloselyandtrans-
parentlylinkedtoprogressmadeintheimplementationoftheprojects.
5. Paymentsshallbemadein ►
M1euro◄andshallbesubjectto
the specific provisions set out in Annex II.
Article 12
Financial checks
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1. Without prejudice to the Commission’s responsibility for imple-mentingtheCommunitybudget,MemberStatesshalltakeresponsibilityinthefirstinstanceforthefinancialcontrolofprojects.Tothatend,themeasures they take shall include:
(a) verifyingthatmanagementandcontrolarrangementshavebeenset
up and are being implemented in such a way as to ensure thatCommunity funds are being used efficiently and correctly;
(b) providingtheCommissionwithadescriptionofthesearrangments;
(c) ensuring that projects are managed in accordance with all the
applicable Community rules and that the funds placed at theirdisposalareusedinaccordancewiththeprinciplesofsoundfinan-cial management;
(d) certifying that the declarations of expenditure presented to the
Commission are accurate and guaranteeing that they result fromaccounting systems based on verifiable supporting documents;
(e) preventing and detecting irregularities, notifying these to the
Commission, in accordance with the rules, and keeping theCommission informed of the progress of administrative and legalproceedings. In that context, the Member States and the Commis-sion shall take the necessary steps to ensure that the informationexchanged remains confidential;
(f) presentingtotheCommission,wheneachproject,stepofprojector
groupofprojectsiswoundup,adeclarationdrawnupbyapersonor department having a function independent of the designatedauthority. This declaration shall summarise the conclusions of thechecks carried out during previous years and shall assess thevalidityoftheapplicationforpaymentofthefinalbalanceandthelegality and regularity of the expenditure covered by the finalcertificate.TheMemberStatesmayattachtheirownopiniontothisdeclaration if they consider it necessary;
(g) cooperating with the Commission to ensure that Community funds
are used in accordance with the principles of sound financialmanagement;
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(h) recovering any amounts lost as a result of an irregularity detected
and, where appropriate, charging interest on late payments.
2. TheCommissioninitsresponsibilityfortheimplementationofthe
Community budget shall ensure that Member States have smoothlyfunctioningmanagementandcontrolsystemssothatCommunityfundsare efficiently and correctly used.
To that end, without prejudice to checks carried out by the Member
States in accordance with national laws, regulations and administrativeprovisions, Commission officials or servants may, in accordance witharrangements agreed with the Member State in the framework ofcooperationdescribedinArticleG(1)ofAnnexII,carryouton-the-spotchecks, including sample checks, on the projects financed by the Fundand on management and control systems with a minimum of oneworkingday’snotice.TheCommissionshallgivenoticetotheMemberState concerned with a view to obtaining all the assistance necessary.Officials or servants of the Member State concerned may take part insuch checks.
TheCommissionmayrequiretheMemberStateconcernedtocarryout
an on-the-spot check to verify the correctness of one or more transac-tions. Commission officials or servants may take part in such checks.
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Before carrying out an on-the-spot check, the Commission shall givenotice to the Member State concerned with a view to obtaining all theassistance necessary. On-the-spot checks by the Commission withoutnotice shall be subject to agreements reached in accordance with theFinancialRegulation.OfficialsoragentsoftheMemberStateconcernedmay take part in checks.
TheCommissionmayrequiretheMemberStateconcernedtocarryout
an on-the-spot check to verify the correctness of payment applications.OfficialsoragentsoftheCommissionmaytakepartinsuchchecks,andmust do so if the Member State concerned so requests.
The Commission shall ensure that any checks that it carries out are
performed in a coordinated manner so as to avoid repeating checks inrespectofthesamesubjectmatterduringthesameperiod.TheMemberState concerned and the Commission shall immediately exchange anyrelevant information concerning the results of the checks carried out.
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3. MemberStatesshallmakeavailabletotheCommissionanyappro-priate national control reports on the projects concerned.
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►M14.◄As soon as this Regulation enters into force, the
CommissionshalladoptdetailedrulesfortheapplicationofthisArticleand shall inform the European Parliament thereof.
Article 13
Appraisal, monitoring and evaluation
1. The Member States and the Commission shall ensure that the
implementation of projects under this Regulation is effectively moni-toredandevaluated.Projectsmustbeadjustedonthebasisoftheresultsof monitoring and evaluation.
2. InordertoensuretheeffectivenessofCommunityassistance,the
Commission and the beneficiary Member States shall, in cooperationwith the EIB where appropriate, carry out a systematic appraisal andevaluation of projects.
3. On receipt of a request for assistance and before approving a
project,theCommissionshallcarryoutathoroughappraisalinordertoassesstheproject’sconsistencywiththecriterialaiddowninArticle10(5). The Commission shall invite the EIB to contribute to the assess-ment of projects as necessary.
1994R1164 — EN — 01.01.2000 — 001.001 — 12
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4. During the implementation of projects and after their completion,
the Commission and the beneficiary Member States shall evaluate themannerinwhichtheyhavebeencarriedoutandthepotentialandactualimpact of their implementation in order to assess whether the originalobjectives can be, or have been, achieved. This evaluation shall, inter
alia,address the environmental impact of the projects, in compliance
with the existing Community rules.
5. In vetting individual applications for assistance, the Commission
shall take into account the findings of appraisals and evaluations madein accordance with this Article.
6. The detailed rules for monitoring and evaluation, as provided for
in paragraph 4, shall be laid down in the decisions approving projects.
Article 14
Information and publicity
1. TheCommissionshallpresentanannualreportontheactivitiesof
the Fund, for the purposes of examination and their opinion, to theEuropeanParliament,theCouncil,theEconomicandSocialCommitteeand the Committee of the Regions.
TheEuropeanParliamentshalldeliveranopiniononthereportassoon
as possible. The Commission shall report on how it has applied theobservations contained in the European Parliament’s opinion.
The Commission shall ensure that Member States are informed of the
activities of the Fund.
2. The Member States responsible for implementing a measure
receiving a financial contribution from the Fund shall ensure thatadequate publicity is given to the measure with a view to:
— making the general public aware of the role played by the
Community in relation to the measure,
— makingpotentialbeneficiariesandprofessionalorganizationsaware
of the possibilities afforded by the measure.
Member States shall ensure, in particular, that directly visible display
panels are erected showing the percentage of the total cost of a givenproject which is being financed by the Community, together with theCommunitylogo,andthatrepresentativesoftheCommunityinstitutionsaredulyinvolvedinthemostimportantpublicactivitiesconnectedwiththe Fund.
They shall inform the Commission of the initiatives taken under this
paragraph.
3. AssoonasthisRegulationentersintoforce,theCommissionshall
adopt detailed rules on information and publicity, shall inform theEuropean Parliament thereof and shall publish them in the Official
Journal of the European Communities .
Article 15
Implementation
TheprovisionsfortheimplementationofthisRegulationaresetoutin
Annex II hereto.
Article 16
Final and transitional provisions
1. The Council, acting on a proposal from the Commission in
accordancewiththeprocedurelaiddowninArticle130doftheTreaty,shall re-examine this Regulation ►
M1by 31 December 2006 at the
latest◄.
2. As soon as it enters into force, this Regulation shall replace
Regulation (EEC) No 792/93.
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▼B
3. This Regulation shall not affect the continuation of measuresapprovedbytheCommissiononthebasisoftheprovisionsofRegula-tion (EEC) No 792/93 applicable before the entry into force of thisRegulation, which shall consequently apply thereafter to those meas-ures.
4. ApplicationspresentedwithintheframeworkofRegulation(EEC)
No 792/93 before the entry into force of this Regulation shall remainvalidprovidedsuchapplicationsaresupplemented,wherenecessary,soastocomplywiththerequirementsofthisRegulationwithinnotmorethan two months of the entry into force of this Regulation.
Article 17
Entry into force
ThisRegulationshallenterintoforceonthedayfollowingitspublica-
tion in the Official Journal of the European Communities .
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.
1994R1164 — EN — 01.01.2000 — 001.001 — 14
▼M1
ANNEX I
Indicative allocation of the total resources of the Cohesion Fund among the
beneficiary Member States
— Spain: 61 % to 63,5 % of the total— Greece: 16 % to 18 % of the total— Ireland: 2 % t o6%o ft h e total
— Portugal: 16 % to 18 % of the total.
1994R1164 — EN — 01.01.2000 — 001.001 — 15
▼B
ANNEX II
IMPLEMENTING PROVISIONS
▼M2
Article A
Designation of projects, of stages or groups of projects
1. The Commission may, in agreement with the beneficiary Member State,
groupprojectstogetheranddesignatetechnicallyandfinanciallyseparatestagesof a project for the purpose of granting assistance.
2. For the purpose of this Regulation, the following definitions shall apply:
(a) a ‘project'shall be an economically indivisible series of works fulfilling a
precise technical function and with clearly identified aims from which tojudge whether the project complies with the criterion laid down in the firstindent of Article 10(5);
(b) a ‘technically and financially independent stage'shall be a stage which can
be identified as operational in its own right.
3. Astagemayalsocoverpreliminary,feasibilityandtechnicalstudiesneeded
for carrying out a project.
4. To comply with the criterion in the third indent of Article 1(3), projects
meeting the following three conditions may be grouped:
(a) they must be located in the same area or situated along the same transport
corridor;
(b) theymustbecarriedoutunderanoverallplanfortheareaorcorridorwith
clearly identified goals, as provided for in Article 1(3);
(c) they must be supervised by a body responsible for coordinating and
monitoringthegroupofprojectsincaseswheretheprojectsarecarriedoutby different competent authorities.
▼
B
Article B
Ex-ante evaluation
1. The Commission shall examine applications for assistance to verify in
particular that the administrative and financial mechanisms are adequate for theeffective implementation of the project.
2. Pursuant to Article 13 (3), the Commission shall appraise projects to
determine their anticipated impact in terms of the objectives of the Fund,quantified using appropriate indicators. ►
M2The beneficiary Member States
shallprovideallnecessaryinformation,assetoutinArticle10(4),includingtheresults of feasibility studies and ex anteappraisals. In order to make this
appraisalaseffectiveaspossible,MemberStatesshallalsoprovidetheresultsoftheenvironmentalimpactassessmentinconformitywiththeCommunitylegisla-tion, and their consistency with a general environmental or transport strategy atadministrative unit or sector level, and, where appropriate:
— an indication of the possible alternatives that were not chosen, and— thelinksbetweenprojectsofcommoninterestlocatedalongthesametrans-
port corridor. ◄
Article C
Commitments
1. Budgetary commitments shall be made on the basis of the Commission
decisions approving the measures concerned (project, stage of project, group ofprojects,studyortechnicalsupportmeasure).Commitmentsshallbevalidforaperioddeterminedbythenatureofthemeasureandthespecificconditionsforitsimplementation.
2. Budgetarycommitmentsinrespectofassistancegrantedtoprojects,stages
of projects or groups of projects shall be carried out in one of two ways:
(a) commitments in respect of the projects referred to in Article 3 (1) to be
carried out over a period of two or more years shall, as a general rule andsubject to the provisions of subparagraph (b), be effected in annual instal-ments.
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▼B
The commitments in respect of the first annual instalment shall be made
when the decision granting Community assistance is adopted by theCommission. ►
M2Commitments in respect of subsequent annual instal-
ments shall be based on the initial or revised financing plan for the projectand shall normally be made at the beginning of each budget year and as ageneralruleby30Aprileachyear,basedontheexpenditureforecastsfortheproject for that current year; ◄
▼
M2
(b) for projects to be carried out over a period of less than two years or where
CommunityassistanceislessthanEUR50million,aninitialcommitmentof80%ofassistancemaybemadewhentheCommissionadoptsthedecisionto grant Community assistance.
The balance shall be committed according to the implementation of the
project.
▼
B
3. In the case of the studies and technical support measures referred to in
Article3(2),theassistanceshallbecommittedwhentheCommissionapprovesthe measure concerned.
4. The arrangements for commitments shall be specified in the Commission
decisions approving the measures concerned.
▼
M2
5. Exceptindulyjustifiedcases,theassistancegrantedtoaproject,groupofprojectsorprojectstageonwhichworkhasnotbegunwithintwoyearsfromthedate of its expected start as indicated in the decision granting assistance or thedate of its approval if later, shall be cancelled.
In any case the Commission shall inform in good time the Member States and
the designated authority whenever there is a risk of cancellation.
▼
B
Article D
Payments
1. Payments of financial assistance shall be made in accordance with the
corresponding budget commitments, to the authority or body designated for thepurposeintheapplicationsubmittedbythebeneficiaryMemberStateconcerned.►
M2Payments may take the form of payments on account, interim payments
orpaymentsofthefinalbalance.Interimpaymentsandpaymentsofthebalanceshall relate to expenditure actually paid out, which must be supported byreceipted invoices or accounting documents of equivalent probative value. ◄
▼
M2
2. Payments shall be made as follows:
(a) a single payment on account of 20 % of the Fund assistance as initially
decided shall be paid when the decision granting Community assistance isadopted and, except where duly justified, after signature of the contractsrelating to public procurement.
All or part of a payment on account shall be repaid by the designated
authorityorbodyreferredtoinparagraph1ifnopaymentapplicationissenttotheCommissionwithin12monthsfromthedateonwhichthepaymentonaccount is paid;
(b) interim payments may be paid provided that the project is progressing
satisfactorily towards completion and shall be made to refund the expendi-ture certified and actually paid, subject to the following conditions:
— theMemberStatehassubmittedanapplicationdescribingtheprogressof
the project in terms of its physical and financial indicators and itsconformitywiththedecisiontograntasssistance,includingwhereappro-priate any specific conditions attached to the assistance,
— theobservationsandrecommendationsofthenationaland/orCommunity
inspection authorities have been acted on, in particular as regards thecorrection of any observed or presumed irregularities,
— themaintechnical,financialandlegalproblemsthathavearisenandthe
measures taken to correct them have been indicated,
— any departures from the original financing plan have been analysed,— the steps taken to publicise the project have been described.
TheMemberStatesshallbeinformedwithoutdelaybytheCommissionifone
of the abovementioned conditions is not fulfilled;
1994R1164 — EN — 01.01.2000 — 001.001 — 17
▼M2
(c) thetotalamountofthepaymentsmadeunder(a)and(b)maynotexceed80
%ofthetotalassistancegranted.Thispercentagemaybeincreasedto90%forimportantprojectscommittedinannualinstalmentsandinjustifiedcases;
(d) thefinalbalanceofCommunityassistancecalculatedonthebasisofexpen-
diture certified and actually paid shall be paid provided that:
— the project, stage of project, or group of projects has been carried out
according to its objectives,
— the designated authority or body referred to in paragraph 1 submits an
application for payment to the Commission within six months of thedeadlineforcompletionoftheworkandforexpenditurelaiddowninthedecision granting assistance to the project, stage of project or group ofprojects,
— the final report referred to in Article F(4) is submitted to the Commis-
sion,
— theMemberStatecertifiestotheCommissionthattheinformationgiven
in the application for payment and in the report is correct,
— theMemberStatehassenttheCommissionthedeclarationreferredtoin
Article 12(1),
— alltheinformationandpublicitymeasuresdrawnupbytheCommission
under Article 14(3) have been implemented.
3. Ifthefinalreportreferredtoinparagraph2isnotsenttotheCommission
within18monthsofthefinaldateforcompletionoftheworksandpaymentsasgiveninthedecisiongrantingassistance,thatpartoftheassistancerepresentingthe remaining balance for the project shall be cancelled.
▼
B
4. Member States shall designate the authorities empowered to issue thecertificates referred to ►
M2in paragraph 2(d). ◄
▼M2
4a. MemberStatesshallensurethatapplicationsforpaymentaresubmittedtothe Commission as a general rule three times a year, by 1 March, 1 July and 1November at the latest.
▼
B
5. PaymentshallbemadetotheauthorityorbodydesignatedbytheMemberState, as a general rule not later than two months after receipt of an admissibleapplication for payment ►
M2provided budget funds are available ◄.
6. InthecaseofthestudiesandothermeasuresreferredtoinArticle3(2),the
Commission shall determine the appropriate payment procedures.
▼M2
7. TheCommissionshalllaydowncommonrulesontheeligibilityofexpen-diture.
▼
B
Article E
Use of the ►M2 euro ◄
1. Applicationsforassistance,togetherwiththerelevantfinancingplan,shall
be submitted to the Commission in ►M2euro◄► M2 ◄.
2. The amounts of assistance and the financing plans approved by the
Commission shall be expressed in ►M2euro◄.
3. Declarations of expenditure in support of the corresponding payment
applications shall be expressed in ►M2euro◄► M2 ◄.
4. Payments of financial assistance by the Commission shall be made in
►M2euro◄totheauthoritydesignatedbytheMemberStatetoreceivesuch
payments.
▼M2
5. For Member States not participating in the euro, the conversion rate shallbe the Commission’s financial accounting rate.
▼
B
Article F
Monitoring
1. TheCommissionandtheMemberStateshallensureeffectivemonitoringof
implementation of Community projects part-financed by the Fund. Monitoringshallbecarriedoutbywayofjointlyagreedreportingprocedures,samplechecksand the establishment of ad hoccommittees.
1994R1164 — EN — 01.01.2000 — 001.001 — 18
▼B
2. Monitoring shall be carried out by reference to physical and financial
indicators.Theindicatorsshallrelatetothespecificcharacteroftheprojectandits objectives. They shall be arranged in such a way as to show:
— the stage reached in the receipt in relation to the plan and objectives origi-
nally laid down;
— the progress achieved on the management side and any related problems.
3. Monitoring committees shall be set up by arrangement between the
Member State concerned and the Commission.
TheauthoritiesorbodiesdesignatedbytheMemberState,theCommissionand,
where appropriate, the EIB shall be represented on the committees.
Whereregionalandlocalauthoritiesarecompetentfortheexecutionofaproject
and,whereappropriate,wheretheyaredirectlyconcernedbyaprojecttheyshallalso be represented on such committees.
4. For each project, the authority or body designated for the purpose by the
Member State shall submit progress reports to the Commission within threemonths of the end of each full year of implementation. A final report shall besubmitted to the Commission within six months of completion of the project orstage of project.
▼
M2
This report shall include:
(a) a description of the work carried out, accompanied by the physical indica-
tors, the expenditure by category of work and any measures taken underspecific clauses in the decision granting assistance;
(b) information on all publicity measures;
(c) certification that the work conforms to the decision granting assistance;
(d) an initial assessment as to whether the anticipated results as indicated in
Article 13(4) are likely to be achieved, including in particular:
— the actual starting date of the project,— the way in which it will be managed once finished,— confirmation, if appropriate, of the financial forecasts, especially as
regards the operating costs and expected revenue,
— confirmation of the socioeconomic forecasts, in particular the expected
costs and benefits,
— an indication of the environmental protection measures taken, and their
cost, including compliance with the polluter-pays principle.
▼
B
5. On the basis of the results of monitoring, and taking account of thecomments of the monitoring committee, the Commission shall adjust theamounts and conditions for granting assistance as initially approved, as well asthe financing plan envisaged, if necessary on a proposal by the Member States.
▼
M2
The decision granting assistance shall include appropriate arrangements formaking the modifications, differentiating between them on the basis of theirnature and importance.
▼
B
6. ForthegreatereffectivenessoftheFund,theCommissionshallensurethatwhen the Fund is administered particular attention is paid to transparency ofmanagement.
7. The monitoring arrangements shall be laid down in the Commission deci-
sions approving the projects.
Article G
Checks
▼
M2
1. The Commission and the Member State shall on the basis of bilateral
administrative arrangements cooperate to coordinate plans, methods and imple-mentationofcheckssoastomaximisetheusefulnessofthosecarriedout.Theyshallimmediatelyexchangetheresultsofthecheckscarriedout.Atleastonceayear the following shall be examined and evaluated:
(a) theresultsofthecheckscarriedoutbytheMemberStateandtheCommis-
sion;
(b) any comments made by other national or Community control bodies or
institutions;
1994R1164 — EN — 01.01.2000 — 001.001 — 19
▼M2
(c) thefinancialimpactoftheirregularitiesnoted,thestepsalreadytakenorstill
required to correct them and, where necessary, adjustments to the manage-ment and control systems.
Followingthisexaminationandevaluationandwithoutprejudicetothemeasures
tobetakenimmediatelybytheMemberStateunderArticleH,theCommissionmaymakeobservations,particularlyregardingthefinancialimpactofanyirregu-laritiesdetected.TheseobservationsshallbeaddressedtotheMemberStateandthe designated authority of the project concerned. The observations shall beaccompanied, where necessary, by requests for corrective measures to remedythe management shortcomings found and correct those irregularities detectedwhichhavenotalreadybeencorrected.TheMemberStateshallhavetheoppor-tunity to comment on these observations.
Where following or in the absence of comments of the Member State the
Commissionadoptsconclusions,theMemberStateshalltakethenecessarystepswithinthedeadlinesettocomplywiththeCommission’srequestandinformtheCommission of its actions.
2. WithoutprejudicetothisArticle,theCommissionmaysuspendallorpart
of an interim payment if it finds that the expenditure concerned is linked to aserious irregularity. The Commission shall inform the Member State concernedof the action taken and the reasons for it.
3. For a period of three years, unless otherwise decided in the bilateral
administrative arrangements, following the payment by the Commission of thefinal balance in respect of a project, the responsible body and authorities shallkeep available for the Commission all the supporting documents (either theoriginals or versions certified to be in conformity with the originals oncommonly accepted data carriers) regarding expenditure and checks on theproject concerned.
This period shall be interrupted either in the case of legal proceedings or at the
duly substantiated request of the Commission.
▼
B
Article H
▼M2
Financial corrections
1. If,aftercompletingthenecessaryverifications,theCommissionconcludes
that:
(a) the implementation of a project does not justify either part or the whole of
the assistance granted to it, including a failure to comply with one of theconditionsinthedecisiontograntassistanceandinparticularanysignificantchange affecting the nature or conditions of implementation of the projectfor which the Commission’s approval has not been sought, or
(b) thereisanirregularitywithregardtoassistancefromtheFundandthatthe
Member State concerned has not taken the necessary corrective measures,
theCommissionshallsuspendtheassistanceinrespectoftheprojectconcerned
andstatingitsreason,requestthattheMemberStatesubmitsitscommentswithina specified period of time.
If the Member State objects to the observations made by the Commission, the
Member State shall be invited to a hearing by the Commission, in which bothsidesmakeeffortstoreachanagreementabouttheobservationsandtheconclu-sions to be drawn from them.
2. At the end of the period set by the Commission, the Commission shall,
subjecttotherespectofdueprocedure,ifnoagreementhasbeenreachedwithinthree months, taking into account any comments made by the Member State,decide to:
(a) reduce the payment on account referred to in Article D(2), or
(b) make the financial corrections required. This shall mean cancelling all or
part of the assistance granted to the project.
These decisions shall respect the principle of proportionality. The Commission
shall, when deciding the amount of a correction, take account of the type ofirregularity or change and the extent of the potential financial impact of anyshortcomingsinthemanagementorcontrolsystems.Anyreductionorcancella-tion shall give rise to recovery of the sums paid.
1994R1164 — EN — 01.01.2000 — 001.001 — 20
▼B
3.►M2Any sum received unduly and to be recovered shall be paid to the
Commission. Interest on account of late repayment shall be charged in accord-ance with the rules to be adopted by the Commission. ◄
▼
M2
4. The Commission shall lay down the detailed rules for implementing para-graphs1to3andshallinformtheMemberStatesandtheEuropeanParliamentthereof.
▼
B
Article I
Public contracts
In the context of the application of Community rules on the award of public
contracts, notices sent for publication in the Official Journal of the European
Communitiesshall specify those projects for which Community assistance has
been applied for or granted.
Article J
Information
TheinformationtobegivenintheannualreportprovidedforinArticle14shall
be as set out in the Annex to this Annex.
TheCommissionshallberesponsiblefororganizinganinformationmeetingwith
the Member States every six months. ►M2At this meeting the Commission
shall inform the Member States in particular of the relevant subjects for theannualreportanditsactionsanddecisionstaken.TheCommissionshallsendtheMember States the appropriate documents in good time before the meeting isheld.◄
Article K
Review
If necessary, in the light of experience gained, the Council may, acting by a
qualified majority on a proposal from the Commission and after consulting theEuropean Parliament, amend the provisions of this Annex.
1994R1164 — EN — 01.01.2000 — 001.001 — 21
▼B
Annex to ANNEX II
The annual report shall provide information on the following:
1. financialassistancecommittedandpaidbytheFund,withanannualbreak-
down by Member State and by type of project (environment or transport);
▼M2
2. the economic and social impact of the Fund in the Member States and on
economicandsocialcohesionintheUnion,includingtheimpactonemploy-ment;
▼
B
3. summaryofinformationontheprogrammesimplementedinthebeneficiary
MemberStatestofulfiltheconditionsofeconomicconvergencereferredtoin Article 104c of the Treaty and on the application of Article 6 of theRegulation;
4. informationontheconclusionsdrawnbytheCommission,withregardtothe
suspension of financing, from decisions taken by the Commission, such asthose mentioned in Article 6 ►
M2 ◄;
5. the contribution which the Fund has made to the efforts of the beneficiary
Member States to implement Community environment policy and tostrengthen trans-European transport infrastructure networks; the balancebetween projects in the field of the environment and projects relating totransport infrastructure;
6. assessment of the compatibility of operations of the Fund with Community
policies, including those concerning environmental protection, transport,competition and the award of public contracts;
7. themeasurestakentoensurecoordinationandconsistencybetweenprojects
financed by the Fund and measures financed with contributions from theCommunity budget, the European Investment Bank and the other financialinstruments of the Community;
8. the investment efforts of the beneficiary Member States in the fields of
environmental protection and transport infrastructure;
9. thepreparatorystudiesandtechnicalsupportmeasuresfinanced,includinga
specification of the types of such studies and measures;
10. the results of appraisal, monitoring and evaluation of projects, including
information on any adjustment of projects to accord with the results ofappraisal, monitoring and evaluation;
11. the contribution of the EIB to the evaluation of projects;12. summary of information on the results of checks carried out, irregularities
found and administrative and judicial proceedings in progress.