Regulation (EC) No 1080/2006 of the European Parliament and of the Council of  5 July 2006  on the European Regional Development Fund and repealing Regulation (EC) No 1783/1999
Date: 2006-07-05
Institutions: Council of the European Union, European Parliament
Subjects: European Regional Development Fund, economic and social cohesion, economic development, powers of the institutions (EU), regional aid, regional development, regional disparity

31.7.2006

EN

Official Journal of the European Union

L 210/1

I

(Acts whose publication is obligatory)

REGULATION (EC) No 1080/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the European Regional Development Fund and repealing Regulation (EC) No 1783/1999

of 5 July 2006

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(3)

Having regard to the Treaty establishing the European Com-
munity, and in particular the first paragraph of Article 162 and
the second subparagraph of Article 299(2) thereof,

Having regard to the proposal from the Commission,

(4)

Having regard to the opinion of the European Economic and
Social Committee (1),

Having regard to the opinion of
Regions (2),

the Committee of

the

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (3),

Whereas:

(1)

(2)

Article 160 of the Treaty provides that the European
Regional Development Fund (ERDF) is intended to help
to redress the main regional
imbalances in the Com-
munity. The ERDF therefore contributes to reducing the
gap between the levels of development of the various
regions and the extent
favoured
regions, including rural and urban areas, declining indus-
trial
regions, areas with a geographical or natural
handicap, such as islands, mountainous areas, sparsely
populated areas and border regions, are lagging behind.

to which the least

The provisions common to the Structural Funds and the
Cohesion Fund are set out in Council Regulation (EC)
No 1083/2006 of 11 July 2006 laying down general
provisions on the European Regional Development
the European Social Fund and the Cohesion
Fund,
Fund (4). Specific provisions concerning the type of activ-
ities which may be financed by the ERDF under the
objectives defined in that Regulation should be laid
down.

(1) OJ C 255, 14.10.2005, p. 91.
(2) OJ C 231, 20.9.2005, p. 19.
(3) Opinion of

the European Parliament of 6 July 2005 (not yet
published in the Official
Journal), Council Common Position of
12 June 2006 (not yet published in the Official Journal) and Posi-
tion of the European Parliament of 4 July 2006 (not yet published
in the Official Journal).

(4) See page 25 of this Official Journal.

The ERDF should provide assistance within the frame-
work of an overall strategy for cohesion policy which
ensures greater concentration of assistance on the priori-
ties of the Community.

Regulation (EC) No 1083/2006 provides that rules on
eligibility of expenditure are to be established at national
level, with certain exceptions for which it is necessary to
lay down specific provisions. Specific provisions should
therefore be laid down for the exceptions related to the
ERDF.

(5) Within the framework of an integrated urban develop-
ment operation,
it is considered necessary to support
limited actions to renovate housing in areas experiencing
or threatened by physical deterioration and social exclu-
sion in the Member States that acceded to the European
Union on or after 1 May 2004.

(6)

(7)

(8)

It is necessary to establish that the contribution from the
ERDF to housing expenditure should concern the provi-
sion of good quality accommodation for lower income
including recently privatised housing stock, as
groups,
well as accommodation for vulnerable social groups.

and

effective

implementation of

Efficient
actions
supported by the ERDF depends on good governance
and partnership among all the relevant territorial and
socio-economic partners, and in particular regional and
local authorities, as well as any other appropriate body
during the various stages of
the
operational programmes co-financed by the ERDF.

implementation of

The Member States and the Commission should ensure
that there is no discrimination based on sex, racial or
ethnic origin, religion or belief, disability, age or sexual
orientation during the various stages of implementation
of
the operational programmes co-financed by the
ERDF.

L 210/2

EN

Official Journal of the European Union

31.7.2006

(9)

(10)

(11)

(12)

Building on the experience and strengths of the URBAN
Community initiative provided for in Article 20(1)(b) of
Council Regulation (EC) No 1260/1999 of 21 June
1999 laying down general provisions on the Structural
Funds (1), sustainable urban development should be rein-
forced by fully integrating measures in that field into the
operational programmes co-financed by the ERDF,
paying particular attention to local development and
employment initiatives and their potential for innova-
tion.

Particular attention should be paid to ensuring comple-
mentarity and consistency with other Community poli-
cies, and in particular with the Seventh Framework
Programme for research, technological development and
demonstration activities and the Competitiveness and
Innovation Framework Programme. Furthermore, there
should be synergy between support granted from the
ERDF, on the one hand, and that granted from the Euro-
pean Social Fund pursuant to Regulation (EC) No 1081/
2006 of the European Parliament and of the Council of
5 July 2006 on the European Social Fund (2), the Cohe-
sion Fund pursuant to Council Regulation (EC) No 1084/
2006 of 11 July 2006 establishing a Cohesion Fund (3),
the European Agricultural Fund for Rural Development
pursuant to Council Regulation (EC) No 1698/2005 of
20 September 2005 on support for rural development
by the European Agricultural Fund for Rural Develop-
ment (EAFRD) (4) and a European Fisheries Fund, on the
other hand.

It is necessary to ensure that actions supported by the
ERDF in favour of small and medium-sized enterprises
take into account and support the implementation of the
European Charter for Small Enterprises adopted at the
Santa Maria da Feira European Council of 19 and
20 June 2000.

Specific attention should be paid to the outermost
regions, namely by extending, on an exceptional basis,
the scope of the ERDF to the financing of operating aid
linked to the offsetting of the additional costs resulting
from their specific economic and social situation, which
insularity, small
is compounded by their remoteness,
size, difficult
and their
economic dependence on a few products, the perma-
nence and combination of which severely restrain their
development. Such specific measures require the use of
Article 299(2) of the Treaty as a legal basis.

and climate

topography

(13)

The ERDF should address the problems of accessibility
to and remoteness from large markets confronting areas
with an extremely low population density, as referred to
in Protocol No 6 on special provisions for Objective 6 in
the framework of the Structural Funds in Finland and
Sweden to the 1994 Act of Accession. The ERDF should
also address the specific difficulties encountered by

(1) OJ L 161, 26.6.1999, p. 1. Regulation as

last amended by

Regulation (EC) No 173/2005 (OJ L 29, 2.2.2005, p. 3).

(2) See page 12 of this Official Journal.
(3) See page 79 of this Official Journal.
(4) OJ L 277, 21.10.2005, p. 1.

(14)

(15)

certain islands, mountainous areas, border regions and
sparsely populated areas whose geographical situation
slows down their development with a
view to
supporting their sustainable development.

is necessary

It
to lay down specific provisions
concerning the programming, management, monitoring
and control of operational programmes under the Euro-
pean territorial cooperation objective.

It is necessary to support effective cross-border, transna-
tional and interregional cooperation with the Communi-
ty's neighbouring countries where this is necessary to
ensure that the regions of the Member States which
border third countries can be effectively assisted in their
development. Accordingly, it is appropriate to authorise
on an exceptional basis the financing of assistance from
the ERDF for projects located on the territory of third
countries where they are for the benefit of the regions of
the Community.

(16)

In the interest of clarity, Regulation (EC) No 1783/1999
of the European Parliament and the Council of 12 July
1999 on the European Regional Development Fund (5)
should therefore be repealed,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

1.
This Regulation establishes the tasks of the European
Regional Development Fund (ERDF), the scope of its assistance
with regard to the Convergence, Regional competitiveness and
employment and European territorial cooperation objectives as
defined in Article 3(2) of Regulation (EC) No 1083/2006, and
the rules on eligibility for assistance.

The ERDF is governed by Regulation (EC) No 1083/2006

2.
and by this Regulation.

Article 2

Purpose

Pursuant to Article 160 of the Treaty and Regulation (EC)
No 1083/2006, the ERDF shall contribute to the financing of
assistance which aims to reinforce economic and social cohe-
sion by redressing the main regional
imbalances through
for the development and structural adjustment of
support
regional economies,
including the conversion of declining
industrial regions and regions lagging behind, and support for
cross-border, transnational and interregional cooperation.

(5) OJ L 213, 13.8.1999, p. 1.

31.7.2006

EN

Official Journal of the European Union

L 210/3

In so doing, the ERDF shall give effect to the priorities of the
Community, and in particular the need to strengthen competi-
tiveness and innovation, create and safeguard sustainable jobs,
and ensure sustainable development.

Article 3

Scope of assistance

The ERDF shall focus its assistance on thematic priorities.
1.
The type and range of actions to be financed within each
priority shall reflect the different nature of the Convergence,
Regional competitiveness and employment and European terri-
torial cooperation objectives in accordance with Articles 4, 5
and 6.

2.

The ERDF shall contribute towards the financing of:

(a) productive investment which contributes to creating and
safeguarding sustainable jobs, primarily through direct aid
to investment primarily in small and medium-sized enter-
prises (SMEs);

(b) investment in infrastructure;

(c) development of endogenous potential by measures which
support regional and local development. These measures
include support for and services to enterprises, in particular
SMEs, creation and development of financing instruments
such as venture capital,
local
development funds, interest subsidies, networking, coopera-
tion and exchange of experience between regions, towns,
and relevant social, economic and environmental actors;

loan and guarantee funds,

(d) technical assistance as referred to in Articles 45 and 46 of

Regulation (EC) No 1083/2006.

The range of investments and measures listed above under
points (a) to (d) shall be available to implement the thematic
priorities in accordance with Articles 4, 5 and 6.

Article 4

Convergence

endogenous

Under the Convergence objective, the ERDF shall focus its assis-
tance on supporting sustainable integrated regional and local
economic development and employment by mobilising and
operational
strengthening
programmes aimed at the modernisation and diversification of
economic structures and at the creation and safeguarding of
sustainable jobs. This shall be achieved primarily through the
following priorities, the precise policy mix depending on the
specificities of each Member State:

capacity

through

1.

and

entrepreneurship,

research and technological development (R&TD), innova-
tion
strengthening
research and technological development capacities, and
their
integration into the European Research Area,
including infrastructures; aid to R&TD, notably in SMEs,
and to technology transfer; improvement of links between

including

SMEs, tertiary education institutions, research institutions
and research and technology centres; development of busi-
ness networks; public-private partnerships and clusters;
for the provision of business and technology
support
services to groups of SMEs; and fostering of entrepreneur-
ship and innovation funding for SMEs through financial
engineering instruments;

information society,
including development of electronic
communications infrastructure, local content, services and
applications, improvement of secure access to and develop-
ment of on-line public services; aid and services to SMEs
to adopt and effectively use information and communica-
tion technologies (ICTs) or to exploit new ideas;

initiatives

local development
structures
providing neighbourhood services to create new jobs,
where such actions are outside the scope of Regulation (EC)
No 1081/2006;

and aid for

environment, including investments connected with water
supply and water and waste management; waste-water
treatment and air quality; prevention, control and fight
against desertification; integrated pollution prevention and
control; aid to mitigate the effects of climate change; reha-
bilitation of the physical environment, including contami-
nated sites and land and brownfield redevelopment;
promotion of biodiversity and nature protection, including
investments in NATURA 2000 sites; aid to SMEs to
promote sustainable production patterns
through the
introduction of cost-effective environmental management
systems and the adoption and use of pollution-prevention
technologies;

prevention of risks, including development and implemen-
tation of plans to prevent and cope with natural and tech-
nological risks;

tourism, including promotion of natural assets as potential
for the development of sustainable tourism; protection and
enhancement of natural heritage in support of socio-eco-
nomic development; aid to improve the supply of tourism
services through new higher added-value services and to
encourage new, more sustainable patterns of tourism;

investments in culture,
including protection, promotion
and preservation of cultural heritage; development of
cultural infrastructure in support of socio-economic devel-
opment, sustainable tourism and improved regional attrac-
tiveness; and aid to improve the supply of cultural services
through new higher added-value services;

including

investments,

improvement

transport
of
trans-European networks and links to the TEN-T network;
integrated strategies for clean transport which contribute
to improving the access to and quality of passenger and
goods services, to achieving a more balanced modal split,
to promoting intermodal systems and to reducing environ-
mental impacts;

2.

3.

4.

5.

6.

7.

8.

L 210/4

EN

Official Journal of the European Union

31.7.2006

9.

energy investments, including in improvements to trans-
European networks which contribute to improving security
of supply, the integration of environmental considerations,
the improvement of energy efficiency and the development
of renewable energies;

(d) creating financial engineering instruments and incuba-
tion facilities that are conducive to the research and
technological development capacity of SMEs and to
encouraging entrepreneurship and the formation of new
businesses, especially knowledge-intensive SMEs;

10. education investments,

training,
which contribute to increasing attractiveness and quality of
life;

including in vocational

2. environment and risk prevention, and in particular:

11.

investments
contribute
increasing the quality of life.

in health and social
to regional

and local development

infrastructure which
and

(a) stimulating investment
physical environment,
fied and brownfield sites and land;

for

the rehabilitation of
the
including contaminated, deserti-

Article 5

Regional competitiveness and employment

Under the Regional competitiveness and employment objective,
the ERDF shall focus its assistance in the context of sustainable
development
employment,
primarily on the following three priorities:

strategies, while

promoting

1.

innovation and the knowledge economy, including through
the creation and strengthening of efficient regional innova-
tion economies, systemic relations between the private and
public sectors, universities and technology centres which
take into account local needs, and in particular:

(a) enhancing regional R&TD and innovation capacities
directly linked to regional economic development objec-
tives by supporting industry or
technology-specific
competence centres, promoting industrial R&TD, SMEs
and technology transfer, developing technology fore-
casting and international benchmarking of policies to
promote innovation and supporting inter-firm colla-
boration and joint R&TD and innovation policies;

introduction of new or

(b) stimulating innovation and entrepreneurship in all
sectors of the regional and local economy by supporting
the
improved products,
processes and services onto the market by SMEs,
improving
supporting business networks and clusters,
access
to finance by SMEs, promoting cooperation
networks between enterprises and appropriate tertiary
education and research institutions,
facilitating SMEs'
access to business support services and supporting the
integration of cleaner and innovative technologies in
SMEs;

(c) promoting entrepreneurship, in particular by facilitating
the economic exploitation of new ideas and fostering
the creation of new firms by appropriate tertiary educa-
tion and research institutions and existing firms;

(b) promoting the development of infrastructure linked to
biodiversity and investments in NATURA 2000 sites,
where this contributes to sustainable economic develop-
ment and/or diversification of rural areas;

(c) stimulating energy efficiency and renewable energy
production and the development of efficient energy
management systems;

(d) promoting clean and sustainable public transport, parti-

cularly in urban areas;

(e) developing plans and measures to prevent and cope
with natural risks (e.g. desertification, droughts, fires and
floods) and technological risks;

(f) protection and enhancement of the natural and cultural
heritage in support of socio-economic development and
the promotion of natural and cultural assets as potential
for the development of sustainable tourism;

3. access

to transport and telecommunication services of

general economic interest, and in particular:

(a) strengthening

transport

secondary

by
improving links to TEN-T networks, regional railway
hubs, airports and ports or multimodal platforms,
to main railway lines and
providing radial
inland waterways and
promoting regional and local
short-sea shipping;

networks

links

(b) promoting access to, take up, and efficient use of ICTs
by SMEs by supporting access to networks, the establish-
ment of public Internet access points, equipment, and
the development of services and applications, including,
in particular, the development of action plans for very
small and craft enterprises.

In addition,
for operational programmes supported by the
ERDF in the regions eligible for the specific and transitional
financing referred to in Article 8(2) of Regulation (EC)
No 1083/2006, the Member States and the Commission may
decide to extend support to the priorities referred to in Article 4
of this Regulation.

31.7.2006

EN

Official Journal of the European Union

L 210/5

Article 6

European territorial cooperation

Under the European territorial cooperation objective, the ERDF
shall focus its assistance on the following priorities:

1. the development of cross-border economic, social and envir-
onmental activities through joint strategies for sustainable
territorial development, and primarily:

(a) by encouraging entrepreneurship,

the
development of SMEs, tourism, culture, and cross-border
trade;

in particular

(b) by encouraging and improving the joint protection and
management of natural and cultural resources, as well as
the prevention of natural and technological risks;

(c) by supporting links between urban and rural areas;

(d) by reducing isolation through improved access to trans-
port,
information and communication networks and
services, and cross-border water, waste and energy
systems and facilities;

(e) by developing collaboration, capacity and joint use of
in particular in sectors such as health,

infrastructures,
culture, tourism and education.

administrative

In addition, the ERDF may contribute to promoting legal
and
of
cooperation,
cross-border labour markets,
local employment initiatives,
gender equality and equal opportunities, training and social
inclusion, and sharing of human resources and facilities for
R&TD.

integration

the

As regards the PEACE Programme between Northern Ireland
and the border counties of Ireland as envisaged under para-
graph 22 of Annex II to Regulation (EC) No 1083/2006, the
ERDF shall
in addition to the abovementioned actions
contribute to promote social and economic stability in the
regions concerned, notably by actions to promote cohesion
between communities;

2. the establishment and development of transnational coop-
including bilateral cooperation between maritime
eration,
regions not covered under point 1, through the financing of
networks and of actions conducive to integrated territorial
development, concentrating primarily on the following
priority areas:

(a) innovation: the creation and development of scientific
and technological networks, and the enhancement of
regional R&TD and innovation capacities, where these
make a direct contribution to the balanced economic
development of
areas. Actions may
include: the establishment of networks between appro-
priate tertiary education and research institutions and

transnational

SMEs;
links to improve access to scientific knowledge
and technology transfer between R&TD facilities and
international centres of RTD excellence;
twinning of
technology transfer institutions; and development of
joint
engineering instruments directed at
supporting R&TD in SMEs;

financial

(b) environment: water management, energy efficiency, risk
prevention and environmental protection activities with
a clear transnational dimension. Actions may include:
protection and management of river basins, coastal
zones, marine resources, water services and wetlands;
fire, drought and flood prevention; the promotion of
maritime security and protection against natural and
technological risks; and protection and enhancement of
the natural heritage in support of socio-economic devel-
opment and sustainable tourism;

investments

(c) accessibility: activities to improve access to and quality
transport and telecommunications services where
of
these have a clear transnational dimension. Actions may
include:
of
trans-European networks; improved local and regional
access to national and transnational networks; enhanced
interoperability of national and regional systems; and
promotion of advanced information and communication
technologies;

cross-border

sections

in

(d) sustainable urban development:

strengthening poly-
centric development at
transnational, national and
regional level, with a clear transnational impact. Actions
may include: the creation and improvement of urban
networks and urban-rural
to tackle
common urban-rural issues; preservation and promotion
of the cultural heritage, and the strategic integration of
development zones on a transnational basis.

links; strategies

to bilateral

Assistance
cooperation between maritime
regions may be extended to the priorities referred to in
point 1;

3. reinforcement of

the effectiveness of regional policy by

promoting:

(a) interregional cooperation focusing on innovation and
the knowledge economy and environment and risk
prevention in the sense of Article 5(1) and (2);

(b) exchanges of experience concerning the identification,
transfer and dissemination of best practice including on
sustainable urban development
referred to in
Article 8; and

as

(c) actions involving studies, data collection, and the obser-
vation and analysis of development trends in the Com-
munity.

L 210/6

EN

Official Journal of the European Union

31.7.2006

Article 7

Eligibility of expenditure

The following expenditure shall not be eligible for a

1.
contribution from the ERDF:

(a) interest on debt;

(b) the purchase of land for an amount exceeding 10 % of the
total eligible expenditure for the operation concerned. In
exceptional and duly justified cases, a higher percentage
may be permitted by the managing authority for operations
concerning environmental conservation;

(c) decommissioning of nuclear power stations;

(d) recoverable value added tax.

2.
Expenditure on housing shall be eligible only for those
Member States that acceded to the European Union on or after
1 May 2004 and in the following circumstances:

(a) expenditure shall be programmed within the framework of
an integrated urban development operation or priority axis
for areas experiencing or threatened by physical deteriora-
tion and social exclusion;

(b) the allocation to housing expenditure shall be either a
maximum of 3 % of the ERDF allocation to the operational
programmes concerned or 2 % of the total ERDF allocation;

(c) expenditure shall be limited to:

— multi-family housing, or

— buildings owned by public authorities or non-profit
operators for use as housing designated for low-income
households or people with special needs.

The Commission shall adopt the list of criteria needed for
determining the areas referred to under point (a) and the list of
eligible interventions in accordance with the procedure referred
to in Article 103(3) of Regulation (EC) No 1083/2006.

The

rules

eligibility

3.
11 of
set
Regulation (EC) No 1081/2006 shall apply to actions co-fi-
nanced by the ERDF falling within the scope of Article 3 of
that Regulation.

in Article

out

CHAPTER II

SPECIFIC PROVISIONS ON THE TREATMENT OF PARTICULAR
TERRITORIAL FEATURES

Article 8

Sustainable urban development

In addition to the activities listed in Articles 4 and 5 of this
in the case of action involving sustainable urban
Regulation,

development as referred to in Article 37(4)(a) of Regulation (EC)
No 1083/2006, the ERDF may, where appropriate, support the
development of participative, integrated and sustainable strate-
gies to tackle the high concentration of economic, environ-
mental and social problems affecting urban areas.

These strategies shall promote sustainable urban development
through activities such as: strengthening economic growth, the
rehabilitation of the physical environment, brownfield redeve-
the preservation and development of natural and
lopment,
cultural heritage,
local
employment and community development, and the provision
of services to the population taking account of changing demo-
graphic structures.

the promotion of entrepreneurship,

By way of derogation from Article 34(2) of Regulation (EC)
No 1083/2006, and where these activities are implemented
through a specific operational programme or priority axis
within an operational programme,
the ERDF funding of
measures under the Regional competitiveness and employment
objective falling within the scope of Regulation (EC) No 1081/
2006 may be raised to 15 % of the programme or priority axis
concerned.

Article 9

Coordination with the EAFRD and the EFF

Where an operational programme supported by the ERDF
targets operations also eligible under another Community
support instrument, including Axis 3 of the EAFRD and the
sustainable development of coastal fishing areas under the EFF,
Member States shall set out in each operational programme the
demarcation criteria for the operations supported by the ERDF
and those supported by the other Community support instru-
ments.

Article 10

Areas with geographical and natural handicaps

Regional programmes co-financed by the ERDF covering areas
facing geographical and natural handicaps as referred to in
point (f) of Article 52 of Regulation (EC) No 1083/2006 shall
pay particular attention to addressing the specific difficulties of
those areas.

Without prejudice to Articles 4 and 5, the ERDF may in par-
ticular contribute towards the financing of investments aimed
at improving accessibility, promoting and developing economic
activities related to cultural and natural heritage, promoting the
sustainable use of natural resources, and encouraging sustain-
able tourism.

31.7.2006

EN

Official Journal of the European Union

L 210/7

Article 11

Outermost regions

2. a list of

the eligible areas within the programme area
including, as regards programmes for cross-border coopera-
tion, the flexibility areas as referred to in Article 21(1);

1.
The specific additional allocation referred to in para-
graph 20 of Annex II to Regulation (EC) No 1083/2006 shall
be used to offset the additional costs, linked to the handicaps
defined in Article 299(2) of the Treaty, incurred in the outer-
most regions in supporting:

(a) the priorities referred to in Articles 4 and/or 5 as appro-

priate;

3. a justification of the priorities chosen having regard to the
Community strategic guidelines on cohesion, the national
strategic reference framework where the Member State has
chosen to include actions financed under the European terri-
torial cooperation objective within it, and the results of the
evaluation referred to in Article 48(2) of
ex
Regulation (EC) No 1083/2006;

ante

(b) freight transport services and start up aid for transport

4.

services;

(c) operations linked to storage constraints, the excessive size
and maintenance of production tools, and lack of human
capital in the local market.

2. Within the scope of Article 3, the specific additional allo-
cation may finance investment costs. In addition, the specific
additional allocation shall be used to a minimum of 50 % to
help finance operating aid and expenditure covering public
service obligations and contracts in the outermost regions.

The amount to which the rate of co-financing applies
3.
shall be proportional to the additional costs as mentioned in
paragraph 1 incurred by the beneficiary in the case of oper-
ating aid and expenditure covering public service obligations
and contracts only, and may cover the total eligible costs in the
case of expenditure for investment.

4.

Financing under this Article may not be used to support:

(a) operations involving products falling within Annex I to the

Treaty;

(b) aids

to

transport

of

persons

authorised

under

Article 87(2)(a) of the Treaty;

(c) tax exemptions and exemption of social charges.

CHAPTER III

SPECIFIC PROVISIONS ON THE EUROPEAN TERRITORIAL
COOPERATION OBJECTIVE

SECTION 1

Operational programmes

Article 12

Content

information on the priority axes and their specific targets.
Those targets shall be quantified using a limited number of
indicators for output and results, taking into account the
principle of proportionality. The indicators shall make it
possible to measure the progress in relation to the baseline
situation and the achievement of the targets of the priority
axis;

5. for information purposes only, an indicative breakdown by
category of the programmed use of the contribution from
the ERDF to the operational programme in accordance with
the implementing rules adopted by the Commission in
accordance with the procedure referred to in Article 103(3)
of Regulation (EC) No 1083/2006;

6. a single financing plan, with no breakdown by Member

State, comprising two tables:

(a) a table breaking down for each year, in accordance with
Articles 52, 53 and 54 of Regulation (EC) No 1083/
2006, the amount of the total financial appropriation
envisaged for the contribution from the ERDF. The total
ERDF contribution provided for annually shall be
compatible with the applicable financial framework;

(b) a table specifying, for the whole programming period,
for the operational programme and for each priority
axis, the amount of the total financial appropriation of
the Community contribution and the national counter-
parts, and the rate of the ERDF contribution. Where, in
accordance with Article 53 of Regulation (EC) No 1083/
2006, the national counterpart is made up of public and
private expenditure, the table shall give the indicative
breakdown between the public and the private compo-
the
nent. Where,
national counterpart is made up of public expenditure,
the table shall
the national
public contribution;

in accordance with that Article,

indicate the amount of

7.

information on complementarity with measures financed by
the EAFRD and those financed by the EFF, where relevant;

8. the

implementing

provisions

for

the

operational

programme, including:

Each operational programme under the European territorial
cooperation objective shall contain the following information:

1. an analysis of the situation of the cooperation area in terms
of strengths and weaknesses and the strategy chosen in
response;

(a) designation by the Member States of all the authorities

referred to in Article 14;

(b) a description of the monitoring and evaluation systems;

L 210/8

EN

Official Journal of the European Union

31.7.2006

(c) information about the competent body for receiving the
payments made by the Commission and the body or
bodies responsible for making payments to the benefici-
aries;

(d) a definition of the procedures for the mobilisation and
circulation of financial flows in order to ensure their
transparency;

(e) the elements aimed at ensuring the publicity and the
information of the operational programme as referred to
in Article 69 of Regulation (EC) No 1083/2006;

(f) a description of

the procedures agreed between the
Commission and Member States for the exchange of
the payment, monitoring
computerised data to meet
and
by
Regulation (EC) No 1083/2006;

requirements

evaluation

down

laid

9. an indicative list of major projects within the meaning of
Article 39 of Regulation (EC) No 1083/2006 expected to be
submitted during the programming period for Commission
approval.

SECTION 2

Eligibility

Article 13

Rules on eligibility of expenditure

The relevant national rules agreed by the participating Member
States in an operational programme under the European terri-
torial cooperation objective shall apply to determine the elig-
ibility of expenditure except where Community rules are laid
down.

lay down,

The Commission shall
in accordance with
Article 56(4) of Regulation (EC) No 1083/2006 and without
prejudice to Article 7 of this Regulation, common rules on the
eligibility of expenditure in accordance with the procedure
referred to in Article 103(3) of Regulation (EC) No 1083/2006.

Where Article 7 provides for different rules of eligibility of
expenditure in different Member States participating in an
operational programme under the European territorial coopera-
tion objective, the most extensive eligibility rules shall apply
throughout the programme area.

SECTION 3

Management, monitoring and control

Article 14

Designation of authorities

1. Member States participating in an operational programme
shall appoint a single managing authority, a single certifying
authority and a single audit authority, the latter being situated
in the Member State of the managing authority. The certifying
authority shall receive the payments made by the Commission

and, as a general rule, shall make the payments to the lead
beneficiary.

The managing authority, after consultation with the Member
States represented in the programme area, shall set up a joint
technical
the managing
authority and the monitoring committee, and, where appro-
their respective
priate,
duties.

secretariat. The latter

the audit authority,

in carrying out

shall assist

2.
The audit authority for the operational programme shall
be assisted by a group of auditors comprising a representative
each Member State participating in the operational
of
programme and carrying out
in
Article 62 of Regulation (EC) No 1083/2006. The group of
auditors shall be set up at the latest within three months of the
decision approving the operational programme. It shall draw
up its own rules of procedure. It shall be chaired by the audit
authority for the operational programme.

the duties provided for

The participating Member States may decide by unanimity that
the audit authority is authorised to carry out directly the duties
provided for in Article 62 of Regulation (EC) No 1083/2006 in
the whole of the territory covered by the programme without
the need for a group of auditors as defined in the first sub-
paragraph.

The auditors shall be independent of
referred to in Article 16(1).

the control system

Each Member State participating in the operational
3.
programme shall appoint representatives to sit on the moni-
toring committee referred to in Article 63 of Regulation (EC)
No 1083/2006.

Article 15

Function of the managing authority

1.
The managing authority shall perform the duties provided
for in Article 60 of Regulation (EC) No 1083/2006, with the
exception of those concerning the regularity of operations and
expenditure in relation to national and Community rules, as set
out under point (b) of that Article. In this connection, it shall
satisfy itself that the expenditure of each beneficiary partici-
pating in an operation has been validated by the controller
referred to in Article 16(1) of this Regulation.

2.
The managing authority shall lay down the implementing
arrangements for each operation, where appropriate in agree-
ment with the lead beneficiary.

Article 16

Control system

1.
In order to validate the expenditure, each Member State
shall set up a control system making it possible to verify the
delivery of the products and services co-financed, the sound-
ness of the expenditure declared for operations or parts of
operations implemented on its territory, and the compliance of
such expenditure and of related operations, or parts of those
operations, with Community rules and its national rules.

31.7.2006

EN

Official Journal of the European Union

L 210/9

For this purpose each Member State shall designate the control-
lers responsible for verifying the legality and regularity of the
expenditure declared by each beneficiary participating in the
operation. Member States may decide to designate a single
controller for the whole programme area.

Where the delivery of the products and services co-financed
can be verified only in respect of the entire operation, the veri-
fication shall be performed by the controller of the Member
State where the lead beneficiary is located or by the managing
authority.

Each Member State shall ensure that the expenditure can
2.
be validated by the controllers within a period of three months.

Article 17

Financial management

and at establishing and developing transnational cooperation as
referred to in Article 6(2) shall include beneficiaries from at
least two countries, of which at least one shall be a Member
State, which shall cooperate in at least two of the following
ways for each operation: joint development, joint implementa-
tion, joint staffing and joint financing.

The selected operations fulfilling the abovementioned condi-
tions may be implemented in a single country provided that
they have been presented by entities belonging to at
least
two countries.

The abovementioned conditions shall not apply to those actions
under the PEACE Programme referred to in the third sub-
paragraph of Article 6(1).

The ERDF contribution shall be paid into a single account

1.
with no national sub-accounts.

2. Without prejudice to the Member States' responsibility
for detecting and correcting irregularities and for recovering
amounts unduly paid, the certifying authority shall ensure that
any amount paid as a result of an irregularity is recovered from
the lead beneficiary. The beneficiaries shall repay the lead bene-
ficiary any amounts unduly paid in accordance with the agree-
ment existing between them.

2.
Operations selected for operational programmes invol-
ving interregional cooperation, as referred to in Article 6(3)(a),
shall include beneficiaries, at regional or local level, from at
least:

(a) three Member States, or

(b) three countries, of which at least two must be Member
States, where a beneficiary from a third country is involved.

If the lead beneficiary does not succeed in securing repay-
3.
ment from a beneficiary, the Member State on whose territory
the beneficiary concerned is located shall reimburse the certi-
fying authority for the amount unduly paid to that beneficiary.

Operations selected for operational programmes as referred to
in Article 6(3)(b) shall, whenever possible according to the type
of the operation, apply the conditions set out in the first sub-
paragraph of this paragraph.

Article 18

European grouping of territorial cooperation

Member States participating in an operational programme
under the European territorial cooperation objective may make
use of the European grouping of territorial cooperation under
Regulation (EC) No 1082/2006 of the European Parliament and
of the Council of 5 July 2006 on a European grouping of terri-
torial cooperation (EGTC) (1) with a view to making that
grouping responsible for managing the operational programme
by conferring on it
the managing
authority and of the joint technical secretariat. In this context,
each Member State shall continue to assume financial responsi-
bility.

the responsibilities of

SECTION 4

Operations

Article 19

Selection of operations

Operations selected for operational programmes aimed at
1.
developing cross-border activities as referred to in Article 6(1)

(1) See page 19 of this Official Journal.

The beneficiaries shall cooperate in the following ways for each
operation:
joint
staffing and joint financing.

joint development,

implementation,

joint

3.
In addition to the tasks referred to in Article 65 of
Regulation (EC) No 1083/2006, the monitoring committee or a
steering committee reporting to it shall be responsible for
selecting operations.

Article 20

Responsibilities of the lead beneficiary and the other bene-
ficiaries

1.
For each operation, a lead beneficiary shall be appointed
by the beneficiaries among themselves. The lead beneficiary
shall assume the following responsibilities:

(a) it shall lay down the arrangements for its relations with the
beneficiaries participating in the operation in an agreement
inter alia, provisions guaranteeing the sound
comprising,
financial management of the funds allocated to the opera-
tion,
including the arrangements for recovering amounts
unduly paid;

L 210/10

EN

Official Journal of the European Union

31.7.2006

(b) it shall be responsible for ensuring the implementation of

the entire operation;

(c) it shall ensure that the expenditure presented by the benefi-
ciaries participating in the operation has been incurred for
the purpose of
implementing the operation and corre-
sponds to the activities agreed between those beneficiaries;

(d) it shall verify that the expenditure presented by the benefi-
ciaries participating in the operation has been validated by
the controllers;

(e) it shall be responsible for transferring the ERDF contribu-
tion to the beneficiaries participating in the operation.

2.

Each beneficiary participating in the operation shall:

(a) assume responsibility in the event of any irregularity in the

expenditure which it has declared;

(b) inform the Member State in which it is located about its
participation in an operation in the case that this Member
State as
such is not participating in the operational
programme concerned.

tory of countries outside the European Community up to a
limit of 10 % of the amount of its contribution to the opera-
tional programme concerned, where they are for the benefit of
the regions of the Community.

4. Member States shall ensure the legality and regularity of
these expenditures. The managing authority shall confirm the
selection of operations outside the eligible areas as referred to
under paragraphs 1, 2 and 3.

CHAPTER IV

FINAL PROVISIONS

Article 22

Transitional provisions

approved by

1.
This Regulation shall not affect either the continuation or
modification, including the total or partial cancellation, of assis-
the Commission on the basis of
tance
Regulation (EC) No 1783/1999 or any other
legislation
applying to that assistance on 31 December 2006, which shall
consequently apply thereafter to that assistance or the projects
concerned until their closure.

Article 21

Applications made under Regulation (EC) No 1783/1999

2.
shall remain valid.

Special conditions governing the location of operations

1.
In the context of cross-border cooperation and in duly
justified cases, the ERDF may finance expenditure incurred in
implementing operations or parts of operations up to a limit of
its contribution to the operational
20 % of the amount of
programme concerned in NUTS level 3 areas adjacent to the
eligible areas for the programme referred to in Article 7(1) of
Regulation (EC) No 1083/2006 or surrounded by such adjacent
areas. In exceptional cases as agreed between the Commission
and Member States, this flexibility may be extended to the
NUTS level 2 areas in which the areas referred to in Article 7(1)
of Regulation (EC) No 1083/2006 are located.

At project
level, expenditure incurred by partners located
outside the programme area as defined in the first sub-
paragraph may be eligible, if the project would have difficulty
in achieving its objectives without that partner's participation.

2.
In the context of transnational cooperation and in duly
justified cases, the ERDF may finance expenditure incurred by
partners located outside the area participating in operations up
to a limit of 20 % of the amount of its contribution to the
operational programme concerned, where such expenditure is
for the benefit of the regions in the cooperation objective area.

Article 23

Repeal

laid down in
1. Without prejudice
Article 22 of this Regulation, Regulation (EC) No 1783/1999 is
hereby repealed with effect from 1 January 2007.

to the provisions

References to the repealed Regulation shall be construed

2.
as references to this Regulation.

Article 24

Review clause

The European Parliament and the Council shall review this
Regulation by 31 December 2013 in accordance with the
procedure laid down in Article 162 of the Treaty.

Article 25

Entry into force

3.
In the context of cross-border, transnational and interre-
gional cooperation, the ERDF may finance expenditure incurred
in implementing operations or parts of operations on the terri-

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

31.7.2006

EN

Official Journal of the European Union

L 210/11

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

Done at Strasbourg, 5 July 2006.

For the European Parliament

The President

J. BORRELL FONTELLES

For the Council

The President

P. LEHTOMÄKI