COMMISSION IMPLEMENTING REGULATION (EU) No 1232/2014

of 18 November 2014

amending Commission Implementing Regulation (EU) No 215/2014 in order to adapt references therein to Regulation (EU) No 508/2014 of the European Parliament and of the Council and correcting Implementing Regulation (EU) No 215/2014

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (1), and in particular the third subparagraph of Article 8 and the fifth subparagraph of Article 22(7) thereof,

Whereas:

(1) In order to ensure that the necessary legislation is in place for the programming of the European Structural and Investment Funds (‘ESIF funds’) and to allow for the timely adoption of the relevant operational programmes, Commission Implementing Regulation (EU) No 215/2014 (2) was adopted prior to the adoption of Regulation (EU) No 508/2014 of the European Parliament and of the Council (3).

(2) Subsequent to the adoption of Regulation (EU) No 508/2014, certain references in Implementing Regulation (EU) No 215/2014 to the future Union legal act on the European Maritime and Fisheries Fund (‘EMFF’) should be replaced by references to Regulation (EU) No 508/2014.

(3) As far as the EMFF is concerned, weightings to measures set out in the future Union legal act on the EMFF as regards the level of support for climate change objectives for each of the five ESIF funds as adopted by Implementing Regulation (EU) No 215/2014 were attached in a provisional way. References in Annex III to Implementing Regulation (EU) No 215/2014 should therefore be aligned with the final numbering of the provisions in Regulation (EU) No 508/2014.

(4) In order to ensure that in the context of the performance framework the achievement of the milestone and target for the financial indicator can be assessed on the basis of the payment applications submitted to the Commission, the incorrect reference in Article 5(2) of Implementing Regulation (EU) No 215/2014 to point (c) of Article 126 of Regulation (EU) No 1303/2013 should be corrected into a reference to point (a) of Article 126 of Regulation (EU) No 1303/2013.

(5) 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.

(6) The measures provided for in this Regulation are in accordance with the opinion of the Coordination Committee for the European Structural and Investment Funds,

(7) Implementing Regulation (EU) No 215/2014 should therefore be amended and corrected accordingly,

HAS ADOPTED THIS REGULATION:

Article 1 Implementing Regulation (EU) No 215/2014 is amended as follows: (1) points (c) and (d) of the second subparagraph of Article 3(1) are replaced by the following: ‘(c) reporting by Member States on financial appropriations and expenditure by measure in annual implementation reports pursuant to Article 50(4) and (5) of Regulation (EU) No 1303/2013 and Article 114(2) of Regulation (EU) No 508/2014; (d) the information and data provided by Member States on operations selected for funding pursuant to Article 97(1)(a) and 107(3) of Regulation (EU) No 508/2014.’ ; (2) Annex III is replaced by the text set out in the Annex to this Regulation.

Article 2 Implementing Regulation (EU) No 215/2014 is corrected as follows: On page 68, Article 5(2): for : ‘2. For all ESI Funds, except for the EAFRD, the milestone and the target for a financial indicator shall refer to the total amount of eligible expenditure entered into the accounting system of the certifying authority and certified by that authority in accordance with point (c) of Article 126 of Regulation (EU) No 1303/2013. For the EAFRD, they shall refer to the realised total public expenditure entered into the common monitoring and evaluation system.’ read : ‘2. For all ESI Funds, except for the EAFRD, the milestone and the target for a financial indicator shall refer to the total amount of eligible expenditure entered into the accounting system of the certifying authority and certified by that authority in accordance with point (a) of Article 126 of Regulation (EU) No 1303/2013. For the EAFRD, they shall refer to the realised total public expenditure entered into the common monitoring and evaluation system.’

Article 3 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 November 2014. For the Commission The President Jean-Claude JUNCKER

(1) OJ L 347, 20.12.2013, p. 320.

(2) Commission Implementing Regulation (EU) No 215/2014 of 7 March 2014 laying down rules for implementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund with regard to methodologies for climate change support, the determination of milestones and targets in the performance framework and the nomenclature of categories of intervention for the European Structural and Investment Funds (OJ L 69, 8.3.2014, p. 65).

(3) 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 (OJ L 149, 20.5.2014, p. 1).