Council Regulation (EC) No 1341/2008 of 18 December 2008 amending Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund, in respect of certain revenue-generating projects
Date: 2008-12-18
Institutions: Council of the European Union
Subjects: Cohesion Fund, European Regional Development Fund, European Social Fund, administrative formalities, financial management

24.12.2008

EN

Official Journal of the European Union

L 348/19

COUNCIL REGULATION (EC) No 1341/2008

of 18 December 2008

amending Regulation (EC) No 1083/2006 laying down general provisions on the European Regional
Development Fund, the European Social Fund and the Cohesion Fund, in respect of certain revenue-
generating projects

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular
Article 161 thereof,

establishing the European
the third subparagraph of

Having regard to the proposal from the Commission,

Having regard to the assent of the European Parliament (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

After consulting the Committee of the Regions,

Whereas:

(4)

(5)

(6)

These difficulties may have adverse consequences in
terms of operation management, especially for projects
in areas of Community priority such as the environment,
social
innovation or energy, and in
terms of the administrative burden. Article 55 should
therefore be simplified.

inclusion, research,

This simplification should apply to all projects receiving
assistance from the Structural Funds or Cohesion Fund
during the 2007-2013 programming period. Retroactive
application is therefore necessary.

Regulation (EC) No 1083/2006 should therefore be
amended accordingly,

(1)

(2)

(3)

for

the

aims

regulatory

framework

The
2007-2013
programming period was prepared and negotiated with
the
of
programming and management of the Funds, the effec­
tiveness of assistance provided by them and subsidiarity
in their implementation.

simplification

consolidating

the

of

A more precise and more stringent approach based on
the calculation of maximum eligible expenditure has
been put
revenue-
generating projects covered by Article 55 of Regulation
(EC) No 1083/2006 (3).

the processing of

in place for

A number of difficulties have been highlighted in
connection with the application of
the provisions of
Article 55,
including a disproportionate administrative
burden, especially for operations co-financed by the
European Social Fund and small operations financed by
the European Regional Development Fund (ERDF) or
Cohesion Fund.

HAS ADOPTED THIS REGULATION:

Article 1

Article 55(5) of Regulation (EC) No 1083/2006 shall be
replaced by the following:

‘5.
Paragraphs 1 to 4 of this Article shall apply only to
operations which are co-financed by the ERDF or Cohesion
Fund and the total cost of which exceeds EUR 1 000 000.’

Article 2

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

It shall apply from 1 August 2006 to all operations receiving
assistance from the Structural Funds or Cohesion Fund during
the 2007-2013 programming period.

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

Done at Brussels, 18 December 2008.

For the Council
The President

M. BARNIER

(1) Assent of 16 December 2008 (not yet published in the Official

Journal).

(2) Opinion of 27 October 2008 (not yet published in the Official

Journal).

(3) OJ L 210, 31.7.2006, p. 25.