Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal
Date: 2011-10-06
Institutions: European Commission
Subjects: European Region, European Regional Development Fund, European neighbourhood policy, operation of the Institutions, operational programme, pre-accession aid, regional cooperation, regional development

EUROPEAN COMMISSION 

Brussels, 14.3.2012  
COM(2011) 611 final/2 

2011/0273 (COD) 

CORRIGENDUM: 
Annule et remplace le document COM(2011) 611 du 6.10.2011 
Concerne: toutes les versions linguistiques 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on specific provisions for the support from the European Regional Development Fund to 
the European territorial cooperation goal 

{SEC(2011) 1138 final} 
{SEC(2011) 1139 final} 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

On  29  June  2011,  the  Commission  adopted  a  proposal  for  the  next  multi-annual  financial 
framework for the period 2014-2020: a budget for delivering the Europe 2020 strategy. In its 
proposal, the Commission decided that cohesion policy should remain an essential element of 
the  next  financial  package  and  underlined  its  pivotal  role  in  delivering  the  Europe  2020 
strategy.  

The  Commission  proposed  a  number  of  important  changes  to  the  way  cohesion  policy  is 
designed  and  implemented.  Concentrating  funding  on  a  smaller  number  of  priorities  better 
linked to the Europe 2020 Strategy, focusing on results, monitoring progress towards agreed 
objectives, increasing the use of conditionalities and simplifying the delivery are among the 
major hallmarks of the proposal. 

This Regulation sets out the general provisions governing European Territorial Cooperation. 
It draws on the work undertaken since the publication of the Fourth Cohesion Report in May 
2007 which outlined the main challenges facing regions in the next decades and launched the 
debate  on  the  future  cohesion  policy.  On  9  November  2010,  the  Commission  adopted  the 
Fifth Cohesion Report which provided an analysis of social and economic trends and outlined 
orientations for the future cohesion policy.  

Cohesion  policy  is  the  main  investment  instrument  for  supporting  the  main  priorities  of  the 
Union as enshrined in the Europe 2020 strategy. It does so by focusing on the countries and 
regions where needs are greater. One of the greatest successes of the EU has been its capacity 
to  raise  living  standards  for  all  its  citizens.  It  does  this  not  only  by  helping  poorer  Member 
States  and  regions  to  develop  and  grow  but  also  through  its  role  in  the  integration  of  the 
Single Market whose size delivers markets and economies of scale to all parts of the EU, rich 
and poor, big and small. The Commission's evaluation of past cohesion policy spending has 
shown many examples of added value and of growth- and job-creating investment that could 
not have happened without the support of the EU budget. However, the results also show the 
effects  of  dispersion  and  lack  of  prioritisation.  At  a  time  when  public  money  is  scarce  and 
when growth-enhancing investment is more needed than ever, the Commission has decided to 
propose important changes to cohesion policy. 

The  proposal  is  part  of  the  cohesion  policy  legislative  package  for  the  2014-2020  period. 
European  Territorial  Cooperation  is  one  of  the  goals  of  cohesion  policy  and  provides  a 
framework  for  the  implementation  of  joint  actions  and  policy  exchanges  between  national, 
regional and local actors from different Member States. This is all the more important given 
that  the  challenges  faced  by  Member  States  and  regions  increasingly  cut  across  national 
/regional boundaries and require joint, co-operative action at the appropriate territorial level. 
European Territorial Cooperation can thus also provide an important contribution to fostering 
the new Treaty objective of territorial cohesion. 

European Territorial Cooperation is of particular value because: 

• 

Transboundary problems can most effectively be solved with the cooperation of all 
regions concerned to avoid disproportionate costs for some, and free-riding by others 
(e.g. cross-border environmental pollution). 

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• 

• 

• 

• 

• 

Cooperation  can  provide  an  effective  mechanism  for  sharing  good  practice  and 
learning to spread know-how (e.g. enhancing competitiveness).  

Cooperation can ensure that a solution to a specific problem becomes more effective 
due to economies of scale and the achievement of a critical mass (establishment of 
clusters to foster research and innovation). 

Governance  can  improve  as  a  result  of  coordination  of  the  sector  policies,  actions 
and investments on a cross-border and transnational scale. 

Relations with EU neighbours through cooperation programmes on the EU’s external 
borders can contribute to safety and stability, and mutually beneficial relationships. 

In  some  contexts  such  as  sea  basins  and  coastal  regions,  cooperation  and 
transnational  action  are  indispensable  to  support  growth,  employment  and  eco-
system-based management 

The  overarching  policy  orientations  for  future  cohesion  policy  are  also  applicable  in  the 
context of European Territorial Cooperation. The proposed regulation therefore contains the 
alignment  with  the  Europe  2020  strategy,  elements  to  increase  the  effectiveness  of  Fund 
interventions and an overall simplified approach to implementation.  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

2.1. 

Consultation and expert advice 

This regulation draws on extensive consultation with stakeholders, including Member States, 
regions and social and economic partners.  
The  public  consultation  on  the  Conclusions  of  the  5th  Cohesion  Report  was  held  between 
12 November  2010  and  31  January  2011.  A  total  of  444  contributions  were  received. 
Respondents  included  Member  States,  regional  and  local  authorities,  social  partners, 
European 
interest  organisations,  non-governmental  organisations,  citizens  and  other 
stakeholders. The public consultation asked a series of questions about the future of cohesion 
policy. A summary of the results was published on 13 May 20111.  

The  results  of  the  ex-post  evaluations  carried  out  on  the  INTERREG  2000-2006 
programmes2,  the  parliamentary  "Report  on  objective  3" 3  and  a  broad  range  of  studies  and 
expert  advice  for  example  through  the  INTERACT  programme  were  used  as  input.  Expert 
advice was also provided through the High Level Group reflecting on future Cohesion Policy, 
composed  of  experts  from  national  administrations,  which  held  two  meetings  with  more 
specific discussions on European Territorial Cooperation. 

1 

2 

3 

"Results  of  the  public  consultation  on  the  conclusions  of  the  fifth  report  on  economic,  social  and 
territorial cohesion Brussels", Commission Staff Working Paper, SEC(2011) 590 final, 13.5.2011. 
"INTERREG III Community Initiative (2000-2006) Ex Post evaluation", by Panteia and Partners, May 
2010. 
"Report  on  Objective  3:  a  challenge  for  territorial  cooperation  –  the  future  agenda  for  cross-border, 
transnational and interregional cooperation (2010/2155(INI))", adopted on 23 June 2011. 

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The results of the public consultation on the 5th cohesion report show a broad consensus about 
the  high  value  added  of  European  Territorial  Cooperation.  There  are,  however,  calls  for  a 
greater standardisation of rules and procedures across Member States4. A number of Member 
State  contributions  also  underline  the  need  for  a  separate  regulation  or  a  separate  legal 
framework for cooperation programmes to better address the multi-national context 5. 

A  key  point  from  the  ex-post  evaluation  is  that  territorial  cooperation  programmes  do  not 
always  focus  on  a  limited  number  of  priority  topics,  but  adopt  rather  broad  intervention 
strategies,  making  it  difficult  to  achieve  clearly-identifiable  impacts6.  Another  major 
recommendation relates to the need to establish more pro-active and ongoing interaction with 
the  Convergence  and  Competitiveness  programmes  and  other  territorial  cooperation 
programmes  operating  in  the  programme  area,  to  ensure  complementarity,  coordination  and 
synergies.  The  evaluation  explicitly  recommends  a  more  complementary  and  integrated 
approach be developed for the period post-20137.  

Likewise,  experts  underlined  in  the  High  Level  Group  the  need  for  more  coordination  and 
strategic focus, both at general policy and individual programme level8. They also indicated 
that there should be strengthened links to the Convergence and Competitiveness programmes 
and  called  for  specific  regulatory  provisions  on  territorial  cooperation  and  overall 
harmonisation of applicable rules and simplification9.  

The  parliamentary  report  underlined  the  need  to  better  integrate  European  Territorial 
Cooperation  at  all  levels  of  strategic  planning,  better  coordinate  programming  between 
cooperation  and  regional  programmes  and  to  simplify  implementation  through  a  separate 
regulation for cooperation to better reflect the specificities10.  

2.2. 

Impact assessment 

The options assessed in the impact assessment relate to the improvement of the strategic focus 
and  of  the  coordination  between  cooperation  and  regional  programmes.  The  options 
considered  included  the  continuation  of  the  status  quo  (broad  priorities,  no  formal  link 
between cooperation and regional programmes), a scenario focused on thematic concentration 
and  integration  of  cooperation  in  overall  strategic  framework  (limited  number  of  thematic 
objectives  that  cross-border  and  transnational  programmes  can  choose,  integration  of 
cooperation aspects in Common Strategic Framework and Partnership Contract) and finally a 
scenario  that  would  fully  integrate  cooperation  aspects  in  the  regional  programmes  without 
the need for separate cooperation programmes. The second option was chosen as the preferred 
one  since  it  will  ensure  a  better  focus  on  European  priorities,  strengthen  the  programme 
intervention logic and ensure a better link and coherence with regional programmes.  

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"Results  of  the  public  consultation  on  the  conclusions  of  the  fifth  report  on  economic,  social  and 
territorial cohesion Brussels", Commission Staff Working Paper, SEC(2011) 590 final, 13.5.2011. 
Contributions from FR, HU, AT, MT, IT, ES, RO. 
"INTERREG III Community Initiative (2000-2006) Ex Post evaluation", by Panteia and Partners, May 
2010, p. 3, 4. 
INTERREG III Community Initiative (2000-2006) Ex Post evaluation", by Panteia and Partners, May 
2010, p. 9. 
"High level Group reflecting on future cohesion policy - report of fourth meeting – 25-26 March 2010", 
p. 2. 
"High level Group reflecting on future cohesion policy- report of Fifth meeting – 7-8 June 2010", p. 6. 
"Report  on  Objective  3:  a  challenge  for  territorial  cooperation  –  the  future  agenda  for  cross-border, 
transnational and interregional cooperation (2010/2155(INI))", adopted on 23 June 2011. 

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As a result of the consultations and impact assessment carried out and the input received, the 
legislative  proposal  for  the  Common  Provisions  Regulation  foresees  a  firm  integration  of 
European  Territorial  Cooperation  both  in  the  Common  Strategic  Framework  and  the 
Partnership  contract  as  well  as  in  the  related  reporting  procedures.  In  addition,  elements  on 
coherence between the regional and cooperation programmes operating in the same area are 
part  of  the  programming  documents.  This  will  improve  coherence  of  cohesion  policy  as  a 
whole. 

In  order  to  provide  a  more  tailor-made  frame  for  cooperation  programmes,  a  separate 
regulation  for  European  Territorial  cooperation  programmes  is  proposed.  This  regulation 
contains provisions on thematic concentration and an increased focus on results as well as a 
number of simplification elements (see below).  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Article 174 of the Treaty on the Functioning of the European Union (TFEU) calls for action 
by the European Union to strengthen its economic, social and territorial cohesion and promote 
overall harmonious development by reducing disparities between the levels of development of 
regions and promoting development in least favoured regions. 

The goal of economic, social and territorial cohesion is promoted through three EU funds. As 
stipulated in Article 176 of the TFEU, the aim of the ERDF is promote the development and 
structural adjustment of lagging regions and of declining industrial regions. 

Article  174  of  the  TFEU  states  that  particular  attention  shall  be  paid  to  rural  areas,  areas 
affected by industrial transition, and regions which suffer from severe and permanent natural 
or demographic handicaps such as the northernmost regions with very low population density 
and island, cross-border and mountain regions. 

Article 349 of the TFEU states that specific measures shall be adopted to take account of the 
structural  social  and  economic  situation  of  the  outermost  regions,  which  is  compounded  by 
certain  specific  features  which  severely  restrain  their  development.  The  specific  measures 
shall include conditions of access to the structural funds. 

A separate regulation is proposed for European Territorial Cooperation to take better account 
of  multi-country  context  of  the  programmes  and  make  more  specific  provisions  for 
cooperation  programmes  and  operations,  as  has  been  requested  by  a  large  number  of 
stakeholders. The proposal establishes the scope of the European Regional Development Fund 
with regard to the European Territorial Cooperation goal. It defines the priority objectives and 
organisation  of  the  ERDF,  eligibility  criteria,  financial  resources  available  and  criteria  for 
their  allocation.  It  also  sets  the  implementation  arrangements,  including  provisions  for 
financial  management  and  control.  The  Common  Provisions  Regulation  and  the  ERDF 
regulation both apply subject to the specific provisions contained in this regulation.  

The  legislative  instrument,  and  the  type  of  measure  (i.e.  funding)  are  both  defined  in  the 
TFEU,  which  provides  the  legal  basis  for  the  Structural  Funds,  and  states  that  the  tasks, 
priority objectives and the organisation of the Structural Funds shall be defined in regulations. As 
indicated above, the proposal to have a separate regulation is justified given that the general 
provisions  applying  to  the  Funds  and  the  ERDF  regulation  need  to  be  translated  into  a 
cooperation context.  

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4. 

BUDGETARY IMPLICATION 

The Commission's proposal for the Multi-Annual Financial Framework foresees an amount of 
EUR 376 billion for economic, social and territorial cohesion for the period 2014-2020. 

Proposed budget 2014-2020 

EUR billion  

Less developed regions  

Transition regions  

More developed regions  

Territorial cooperation  

Cohesion fund  

Extra  allocation  for  outermost  and  sparsely  populated 
regions  

Connecting  Europe  Facility  for  transport,  energy  and 
ICT  

*All figures in constant 2011 prices 

162,6 

39 

53,1 

11,7 

68,7 

0,926 

EUR  40  billion  (with  an  additional 
EUR 10 billion ring fenced inside the 
Cohesion Fund) 

The  proposed  regulation  sets  out  the  division  of  the  funding  foreseen  for  Territorial 
Cooperation between the different cooperation components as follows:  

(a) 

(b) 

(c) 

73,24 % (i.e., a total of EUR 8 569 000 003) for cross-border cooperation; 

20,78 % (i.e., a total of EUR 2 431 000 001) for transnational cooperation; 

5,98 % (i.e., a total of EUR 700 000 000) for interregional cooperation. 

5. 

SUMMARY OF CONTENT OF REGULATION 

The aim of a separate regulation for ETC is to allow clearer presentation of the specificities of 
ETC  to  facilitate  implementation  ,  since  terminology  can  be  directly  adapted  to  the  multi-
country  context  of  cooperation  programmes.  The  proposal  thus  makes  references  to  third 
country  participation  where  necessary  to  better  reflect  the  reality  of  cooperation.  It  also 
contains  more  systematic  references  to  the  role  that  European  Groupings  of  Territorial 
Cooperation (EGTC) can play in a cooperation context.  

The  regulation  establishes  the  scope  of  the  ERDF  with  regard  to  the  European  territorial 
cooperation goal.  

The proposal sets out the financial resources available for each strand and the criteria for their 
allocation  to  Member  States.  This  also  includes  the  continuation  of  the  mechanism  for  the 
transfer  of  resources  for  cooperation  activities  at  the  external  borders  of  the  Union,  to  be 
supported under the European Neighbourhood and Partnership Instrument and the instrument 
for Pre-Accession Assistance. Synergies and complementarity between programmes under the 
European Territorial Cooperation goal  and programmes  financed  under  external  instruments 
shall be promoted. 

A new element in the proposal are the provisions on thematic concentration and investment 
priorities.  This  is  to  be  seen  in  the  overall  context  of  improving  the  strategic  focus  of 
programmes  and  their  results  orientation.  Programmes  can  choose  a  limited  number  of 

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priorities  from  a  thematic  menu  with  corresponding  investment  priorities,  thus  ensuring  the 
focus on European priorities and interventions where cooperation will yield most added value. 
In addition, selection criteria have been defined more strictly to ensure that funding is given to 
genuinely joint operations. Programmes will also contain a performance framework defining 
programme-specific milestones against which progress in implementation can be assessed.  

The  2007-2013  programming  period  has  seen  the  emergence  of  new  forms  of  territorial 
cooperation, tailor-made responses to address macro-regional challenges. At the request of the 
European Council, two macro-regional strategies have been prepared by the Commission for 
the Baltic Sea and the Danube Regions respectively11. In addition, a significant component of 
the Integrated Maritime  Policy  concerns the systematic approach to integrated policy action 
under  maritime  and  coastal  policies  in  the  context  of  sea-basins  and  ecosystems.  Macro-
regional  and  sea-basin  strategies  are  broad-based  integrated  instruments  covering  several 
Member  States  and  regions  focusing  on  the  alignment  of  policies  and  funding  to  increase 
policy coherence and overall impact of public spending. Given the possible overlap between 
existing  and  future  macro-regions,  sea-basins  and  transnational  programme  areas,  the 
proposed  regulation  explicitly  foresees  that  transnational  cooperation  can  also  support  the 
development  and  implementation  of  macro-regional  strategies  and  sea-basin  programmes 
(including the ones established on the external borders of the EU). 

The  implementation  modalities  have  been  streamlined  for  cooperation  programmes.  The 
number of authorities involved in programme implementation has been reduced and roles and 
responsibilities  further  clarified..  Content  requirements  for  cooperation  programmes  and 
implementation reports have been made more precise in order to reduce administrative burden 
for  programme  authorities.  Common  indicators  have  been  defined  to  better  capture  the 
outputs of and increase the overall orientation on results.  

The proposal foresees a greater harmonisation of rules. Eligibility rules will be either fixed at 
EU level or by the Monitoring Committee for the programme as a whole. National rules will 
only apply in the absence such rules. This will also facilitate a joint approach in carrying out 
the management verifications and audits by the audit authority and thus contribute to greater 
harmonisation in this field.  

Finally, an extension of the deadline for the de-commitment rule and specific provisions for 
the application of the rules on state aid and the conversion of foreign currencies into Euro will 
further facilitate programme implementation. 

11 

Communication "European Union Strategy for the Baltic Sea Region", COM (2009) 248, 10.6.2009 and 
Communication "European Union Strategy for Danube Region", Brussels, 8.12.2010, COM(2010) 715. 

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2011/0273 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on specific provisions for the support from the European Regional Development Fund to 
the European territorial cooperation goal 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 178 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee12, 

Having regard to the opinion of the Committee of the Regions13, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

Article  176  of  the  Treaty  provides  that  the  European  Regional  Development  Fund 
(ERDF) is intended to help to redress the main regional imbalances in the Union. In 
accordance  with  Article  174  of  the  Treaty,  the  ERDF  contributes  to  reducing 
disparities  between  the  levels  of  development  of  the  various  regions  and  the 
backwardness of the least favoured regions, among which particular attention should 
be  paid  to  regions  which  suffer  from  severe  and  permanent  natural  or  demographic 
handicaps such as island, cross-border and mountain regions. 

The  provisions  common  to  the  ERDF,  the  European  Social  Fund  (the  'Structural 
Funds') and the  Cohesion Fund  (together  with the 'Structural  Funds': the  'Funds') are 
set out in Regulation (EU) No […]/2012 of […] 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 covered by the Common Strategic Framework and laying 
down general provisions on the European Regional Development Fund, the European 
Social  Fund  and  the  Cohesion  Fund  and  repealing  Regulation  (EC)  No  1083/200614 
[Common  Provisions  Regulation  -  CPR].  Specific  provisions  concerning  the  type  of 
activities  which  may  be  financed  by  the  ERDF  under  the  goals  defined  in  that 

12 
13 
14 

OJ C , , p. . 
OJ C , , p. . 
OJ L , , p. . 

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Regulation (EU)  No /2012  of  the  European  Parliament  and  of  the  Council  on  the 
European Regional Development Fund and repealing Regulation (EC) No 1080/200615 
[ERDF  Regulation]  are  set  out  in  that  Regulation.  Those  Regulations  are  not  fully 
adapted  to  the  specific  needs  of  the  European  territorial  cooperation  goal,  where  at 
least  two  Member  States  or  one  Member  State  and  third  countries  cooperate.  It  is 
therefore  necessary  to  lay  down  provisions  specific  to  the  European  territorial 
cooperation  goal  concerning  scope  and  geographical  coverage,  financial  resources, 
investment  priorities  and  concentration,  programming,  monitoring  and  review, 
technical  assistance,  financial  support  and  eligibility,  management,  control  and 
accreditation, and financial management. 

To  increase  the  value  added  of  the  Union's  cohesion  policy,  the  specific  provisions 
should  lead  to  considerable  simplification  on  all  levels  involved:  beneficiaries, 
programme authorities, participating Member States and third countries, as well as the 
Commission. 

Under  the  European  territorial  cooperation  goal,  the  ERDF  supports  cross-border, 
transnational and interregional cooperation. 

Cross-border cooperation should aim to tackle common challenges identified jointly in 
the  border  regions  (such  as  poor  accessibility,  inappropriate  business  environment, 
lack  of  networks  among  local  and  regional  administrations,  research  and  innovation 
and take-up of information and communication technologies, environmental pollution, 
risk prevention, negative attitudes towards neighbouring country citizens) and exploit 
the untapped potentials in the border area (development of cross-border research and 
innovation facilities and clusters, cross-border labour market integration, cooperation 
among universities or health centres), while enhancing the cooperation process for the 
purpose of the overall harmonious development of the Union. In the case of any cross-
border  programme  between  Northern  Ireland  and  the  border  counties  of  Ireland  in 
support  of  peace  and  reconciliation,  the  ERDF  shall  also  contribute  to  promoting 
social and economic stability in the regions concerned, notably by actions to promote 
cohesion between communities. 

Transnational  cooperation  should  aim  to  strengthen  cooperation  by  means  of  actions 
conducive to integrated territorial development linked to the Union's cohesion policy 
priorities. 

Interregional cooperation should aim to reinforce the effectiveness of cohesion policy 
by  encouraging  exchange  of  experience  between  regions  to  enhance  design  and 
implementation of operational programmes under the Investment for growth and jobs 
goal. It should, in particular, foster cooperation between innovative research-intensive 
clusters  and  exchanges  between  researchers  and  research  institutions,  based  on 
"Regions  of  Knowledge"  and  "Research  potential  in  Convergence  and  Outermost 
regions" under the Seventh Framework Programme for Research. 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

Objective  criteria  for  designating  eligible  regions  and  areas  should  be  fixed.  To  this 
end, the identification of eligible regions and areas at Union level should be based on 
the common system of classification of the regions established by Regulation (EC) No 

15 

See page yy of this Official Journal. 

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1059/2003  of  the  European  Parliament  and  of  the  Council  of  26  May  2003  on  the 
establishment of a common classification of territorial units for statistics (NUTS)16. 

(9) 

Cross-border cooperation should support regions located on land or sea borders. Based 
on  experience  from  previous  programming  periods,  the  Commission  should  be 
empowered  to  define  the  list  of  cross-border  areas  to  receive  support  under  cross-
border  cooperation  programmes  in  a  simpler  way,  by  cooperation  programme.  In 
drawing up that list, the Commission should take into account adjustments needed to 
ensure  coherence,  in  particular  on  land  and  maritime  borders,  and  continuity  of 
programme  areas  established  for  the  2007-2013  programming  period.  These 
adjustments may reduce or enlarge existing programme areas or the number of cross-
border cooperation programmes, but may allow for geographical overlap. 

(10)  Areas for transnational cooperation should be defined having regard to actions needed 
to promote integrated territorial development. The Commission should be empowered 
to define transnational cooperation areas. 

(11)  Any interregional cooperation programme should cover the whole Union. 

(12) 

It  is necessary  to  continue  supporting or – where needed – to establish cross-border, 
transnational  and  interregional  cooperation  with  the  Union's  neighbouring  third 
countries,  as  this  will  benefit  the  regions  of  the  Member  States  which  border  third 
countries.  To  that  effect,  the  ERDF  will  contribute to the  cross-border  and  sea basin 
programmes  established  under  the  European  Neighbourhood  Instrument  (ENI) 
pursuant  to  Regulation  (EU)  No  […]/201217  and  the  Instrument  for  Pre-Accession 
(IPA) pursuant to Regulation (EU) No […]/201218. 

(13)  For the benefit of the regions of the Union, a mechanism to organise support from the 
ERDF to external policy instruments such as ENI and IPA should be set up, including 
where external cooperation programmes cannot be adopted or have to be discontinued. 

(14)  Apart from interventions on external borders supported by external policy instruments 
of  the  Union  covering  border  regions  inside  and  outside  the  Union,  there  may  be 
cooperation  programmes  supported  by  the  ERDF  that  cover  regions  both  inside  and 
outside  the  Union  where  the  regions  outside  the  Union  are  not  covered  by  external 
policy  instruments,  either  because  they  are  not  a  defined  beneficiary  country  or 
because  such  external  cooperation  programmes  cannot  be  set  up.  The  Commission 
should  therefore  be  empowered,  when  drawing  up  the  lists  of  cross-border  and 
transnational programme areas, to cover regions from third countries as well. 

(15) 

It is necessary to fix the resources allocated to each of the different components of the 
European territorial cooperation goal, while maintaining a significant concentration on 
cross-border cooperation and securing sufficient funding levels for outermost regions' 
cooperation. 

(16)  The selection of thematic objectives should be limited in order to maximise the impact 
of  cohesion  policy  across  the  Union.  However,  the  concentration  under  interregional 

16 
17 
18 

OJ L 154, 21.6.2003, p. 1. 
OJ L 
OJ L 

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(17) 

cooperation should be reflected in the aim of each operation rather than in a limitation 
of  the  number  of  thematic  objectives,  in  order  to  get  the  most  out  of  interregional 
cooperation  for  the  reinforcement  of  the  effectiveness  of  cohesion  policy  under  the 
Investment for growth and jobs and the European territorial cooperation goals.  

In  order  to  deliver  on  the  targets  and  objectives  of  smart,  sustainable  and  inclusive 
growth  set  out  in  the  Europe  2020  strategy19,  the  ERDF  should  contribute  under  the 
European  territorial  cooperation  goal  to  the  thematic  objectives  of  developing  an 
economy  based  on  knowledge,  research  and  innovation,  promoting  a  greener,  more 
resource-efficient and competitive economy, fostering high employment that delivers 
social and territorial  cohesion,  and  developing administrative capacity. However, the 
list  of  the  investment  priorities  under  the  different  thematic  objectives  should  be 
adapted to the specific needs of the European territorial cooperation goal, in particular 
by  allowing  for  the  continuation  under  cross-border  cooperation  of  legal  and 
administrative  cooperation  and  cooperation  between  citizens  and  institutions,  of 
cooperation in the fields of employment, training and social inclusion in a cross-border 
perspective,  by  allowing  for  the  continuation  under  transnational  cooperation  of 
maritime  cross-border  cooperation  not  covered  by  cross-border  cooperation 
programmes, and by the development and implementation of macro-regional and sea-
basin strategies. 

(18) 

It is necessary to adapt the content requirements of cooperation programmes under the 
European territorial cooperation goal to their specific needs. Therefore they also need 
to cover aspects necessary for effective implementation on the territory of participating 
Member States, such as the bodies responsible for audit and control, the procedure to 
set  up  a  joint  secretariat,  and  the  allocation  of  liabilities  in  case  of  financial 
corrections.  In  addition,  due  to  the  horizontal  character  of  interregional  cooperation 
programmes,  the  content  of  such  cooperation  programmes  should  be  adapted, 
especially as regards the definition of the beneficiary or beneficiaries under the current 
INTERACT and ESPON programmes. 

(19)  Consistent  with  the  goal  of  smart,  sustainable  and  inclusive  growth,  the  Structural 
Funds  should  provide  a  more  integrated  and  inclusive  approach  to  tackling  local 
problems.  In  order  to  strengthen  this  approach,  support  from  the  ERDF  support  in 
border  regions  should  be  coordinated  with  support  from  the  European  Agricultural 
Fund  for  Rural  Development  (EAFRD)  and  the  European  Maritime  and  Fisheries 
Fund(EMFF) and should, where appropriate, involve European groupings of territorial 
cooperation  set  up  under  Regulation (EC)  No 1082/2006  of  the  European  Parliament 
and  of  the  Council  of  5 July  2006  on  a  European  grouping  of  territorial  cooperation 
(EGTC)20 where local development figures among their objectives. 

(20)  Based on the experience from the 2007-13 programming period, the conditions for the 
selection  of  operations  should  be  clarified  and  strengthened  in  order  to  ensure 
selection of only genuinely joint operations. The notion of sole beneficiaries should be 
defined  and  it  should  be  clarified  that  they  are  permitted  to  carry  out  cooperation 
operations by themselves. 

19 

20 

Communication  from  the  Commission:  Europe  2020  - A strategy  for  smart,  sustainable  and  inclusive 
growth, COM(2010) 2020 final, 3.3.2010. 
OJ L 210, 31.7.2006, p. 19. 

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11 

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(21)  The  responsibilities  of  lead  beneficiaries,  retaining  overall  responsibility  for  the 

implementation of an operation, should be specified.  

(22)  The  requirements  for  implementation  reports  should  be  adapted  to  the  cooperation 
context  and  reflect  the  programme  implementation  cycle.  In  the  interests  of  sound 
management, annual review meetings may be carried out in writing. 

(23)  A common set of indicators to assess progress of programme implementation adapted 
to  the  specific  character  of  cooperation  programmes  should  be  set  out  before  the 
Member  States  draft  their  cooperation  programmes.  These  indicators  should  be 
complemented by programme-specific indicators. 

(24)  Due  to  the  involvement  of  more  than  one  Member  State  and  the  resulting  higher 
administrative costs, in particular in respect of controls and translation, the ceiling for 
technical  assistance  expenditure  should  be  higher  than  under  the  Investment  for 
growth  and  jobs  goal.  In  addition,  cooperation  programmes  with  limited  ERDF 
support  should  receive  a  certain  minimum  amount  to  ensure  sufficient  funding  for 
effective technical assistance activities. 

(25)  Due to the involvement of more than one Member State, the general rule laid down in 
the Regulation (EU) No […]/2012 [CPR] that each Member State adopts its national 
eligibility rules is not appropriate for the European territorial cooperation goal. Based 
on  experience  from  the  2007-13  programming  period,  a  clear  hierarchy  of  eligibility 
rules should be established with a strong move towards joint eligibility rules. 

(26)  Due  to  the  frequent  involvement  of  staff  from  more  than  one  Member  State  in  the 
implementation  of  operations,  and  given  the  number  of  operations  for  which  staff 
costs is a significant element, a flat-rate for costs covering staff should be applied to 
the  other  direct  costs  of  cooperation  operations,  thus  avoiding  individual  accounting 
for the management of such operations. 

(27)  The rules on flexibility concerning the location of operations outside the programme 
area should be simplified. In addition, it is necessary to support effective cross-border, 
transnational  and  interregional  cooperation  with  the  Union's  neighbouring  third 
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  and  under  certain 
conditions  the  financing  of  assistance  from  the  ERDF  for  operations  located  on  the 
territory of third countries where the operations are for the benefit of the regions of the 
Union. 

(28)  Member States should be encouraged to confer the task of the managing authority on 
an  EGTC  or  to  make  such  a  grouping  responsible  for  managing  the  part  of  a 
cooperation programme covering the territory concerned by the EGTC. 

(29)  The  managing  authority  should  set  up  a  joint  secretariat  which  should  provide 
information  to  applicants  for  support,  deal  with  project  applications  and  assist 
beneficiaries in implementing their operations. 

(30)  Managing authorities should be responsible for all functions of the managing authority 
listed  in  Article  114  of  Regulation  (EU)  No  […]/2012  [CPR],  including  for 

EN 

12 

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management  verifications  in  order  to  ensure  uniform  standards  across  the  whole 
programme  area.  However,  where  an  EGTC  is  designated  as  managing  authority,  it 
should be authorised to carry out such verifications, as all participating Member States 
are  represented  in  its  organs.  Even  where  no  EGTC  is  designated,  the  managing 
authority  should  be  authorised  by  the  participating  Member  States  to  carry  out 
verifications on the whole programme area. 

(31)  A single audit authority should be responsible for carrying out all functions listed in 
Article  116  of  Regulation  (EU)  No  […]/2012  [CPR]  in  order  to  ensure  uniform 
standards  across  the  whole  programme  area.  Where  this  is  not  possible,  a  group  of 
auditors should be able to assist the programme audit authority. 

(32)  A  clear  chain  of  financial  liability  in  respect  of  recovery  for  irregularities  should  be 
established,  from  beneficiaries  to  lead  beneficiary  to  the  managing  authority  to  the 
Commission.  Provision  should  be  made  for  liability  of  Member  States  where  no 
recovery can be obtained. 

(33)  Based  on  the  experience  from  the  2007-2013  programming  period,  an  explicit 
derogation  should  be  established  for  the  conversion  of  expenditure  incurred  in  a 
currency other than the euro, by applying the conversion rate at a date as close to the 
point  in  time  of  the  expenditure  as  possible.  Financing  plans,  reports  and  accounts 
concerning joint cooperation operations should in any event only be submitted in euro 
to the joint secretariat, the programme authorities and the monitoring committee. The 
correctness of conversion should be verified. 

(34)  Having regard to the difficulties and delays experienced in setting up genuinely joint 
programme  structures,  the  timeframe  for  justifying  payments  in  respect  of  budget 
commitments  under  the  European  territorial  cooperation  goal  should  be  three  years 
following the year of the budget commitment. 

(35) 

(36) 

(37) 

It  is  necessary  to  clarify  the  applicable  rules  concerning  financial  management, 
programming,  monitoring,  evaluation  and  control  regarding  the  participation  of  third 
countries  in  transnational  and  interregional  cooperation  programmes.  Those  rules 
should  be  established  in  the  relevant  cooperation  programme  and/or  the  relevant 
financing  agreement  between  the  Commission,  each  of  the  third  countries  and  the 
Member State hosting the managing authority of the relevant cooperation programme. 

In order to set out specific eligibility rules, the power to adopt acts in accordance with 
Article  290  of  the  Treaty  should  be  delegated  to  the  Commission  in  respect  of  the 
content  and  scope  set  out  in  Article  17.  It  is  of  particular  importance  that  the 
Commission  carries  out  appropriate  consultations  during  its  preparatory  work, 
including at expert level. The Commission, when preparing and drawing up delegated 
acts,  should  ensure  a  simultaneous,  timely  and  appropriate  transmission  of  relevant 
documents to the European Parliament and Council. 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Regulation, 
implementing powers should be conferred on the Commission in respect of the lists of 
cross-border  areas  and  of  transnational  areas,  of  the  submission  of  draft  cooperation 
programmes, 
intervention  and  of 
implementation  reports.  Those  powers  should  be  exercised  in  accordance  with 
Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the  Council  of  16 

the  nomenclature  concerning  categories  of 

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13 

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February  2011  laying  down  the  rules  and  general  principles  concerning  mechanisms 
for  control,  by  Member  States,  of  the  Commission’s  exercise  of  implementing 
powers21. 

HAVE ADOPTED THIS REGULATION: 

Chapter I 

GENERAL PROVISIONS 

Article 1 
Subject-matter and scope 

1. 

2. 

3. 

This Regulation establishes the scope of the European Regional Development Fund 
(ERDF)  with  regard  to  the  European  territorial  cooperation  goal  and  lays  down 
specific provisions concerning that goal. 

This  Regulation  defines,  for  the  European  territorial  cooperation  goal,  the  priority 
objectives and organisation of the ERDF, the criteria for Member States and regions 
to  be  eligible  for  support  from  the  ERDF,  the  financial  resources  available  for 
support from the ERDF and the criteria for their allocation. 

It  also  lays  down  the  provisions  necessary  to  ensure  effective  implementation, 
financial  management  and  control  of  operational  programmes  under  the  European 
territorial  cooperation  goal  ('cooperation  programmes'),  including  when  third 
countries participate in such cooperation programmes. 

Regulation  (EU)  No  […]/2012  [CPR]  and  Chapter  I  of  Regulation  (EU) 
No […]/2012 [ERDF Regulation] shall apply to the European territorial cooperation 
goal  and  to  cooperation  programmes  thereunder,  except  as  specifically  provided 
under this Regulation or where such provisions can only apply to the Investment for 
growth and jobs goal. 

Article 2 
Components of the European territorial cooperation goal 

Under the European territorial cooperation goal, the ERDF shall support: 

(1) 

cross-border  cooperation  between  adjacent  regions  to  promote  integrated  regional 
development  between  neighbouring  land  and  maritime  border  regions  from  two  or 
more  Member  States  or  between  neighbouring  border  regions  from  at  least  one 
Member  State  and  one  third  country  on  external  borders  of  the  Union  other  than 
those covered by programmes under the external financial instruments of the Union; 

21 

OJ L 55, 28.2.2011, p. 13. 

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14 

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(2) 

transnational  cooperation  over  larger  transnational  territories,  involving  national, 
regional and local authorities and also covering maritime cross-border cooperation in 
cases  not  covered  by  cross-border  cooperation,  with  a  view  to  achieving  a  higher 
degree  of  territorial  integration  of  those  territories,  thus  contributing  to  territorial 
cohesion across the Union; 

(3) 

interregional  cooperation  to  reinforce  the  effectiveness  of  cohesion  policy  by 
promoting: 

(a) 

(b) 

(c) 

(d) 

exchange of experience on thematic objectives among partners throughout the 
Union on the identification and dissemination of good practice with a view to 
its  transfer  to  operational  programmes  under  the  Investment  for  growth  and 
jobs goal; 

exchange  of  experience  concerning 
dissemination of good practice on sustainable urban and rural development; 

identification, 

transfer  and 

the 

exchange  of  experience  concerning 
transfer  and 
dissemination of good practice and innovative approaches in relation to actions 
concerning territorial cooperation and to the use of EGTCs; 

identification, 

the 

analysis  of  development  trends  in  relation  to  the  aims  of  territorial  cohesion 
and  harmonious  development  of  the  European  territory  through  studies,  data 
collection and other measures. 

Article 3 
Geographical coverage  

1. 

For cross-border cooperation, the regions to be supported shall be the NUTS level 3 
regions  of  the  Union  along  all  internal  and  external  land  borders  other  than  those 
covered  by  programmes  under  the  external  financial  instruments  of  the  Union,  and 
all  NUTS  level  3  regions  of  the  Union  along  maritime  borders  separated  by  a 
maximum of 150 km, without prejudice to potential adjustments needed to ensure the 
coherence and continuity of cooperation programme areas established for the 2007-
2013 programming period. 

The Commission shall adopt the list of cross-border areas to receive support, broken 
implementing  acts.  Those 
down  by  cooperation  programme,  by  means  of 
implementing  acts  shall  be  adopted  in  accordance  with  the  advisory  procedure 
referred to in Article 30(2).  

That  list  shall  also  specify  those  NUTS  level  3  regions  in  the  Union  taken  into 
account for the ERDF allocation to cross-border cooperation on all internal and those 
external borders covered by the external financial instruments of the Union, such as 
ENI  pursuant  to  Regulation  (EU)  No  […]/2012  [the  ENI  Regulation]  and  IPA 
pursuant to Regulation (EU) No […]/2012 the IPA Regulation]. 

When  submitting  draft  cross-border  cooperation  programmes,  Member  States  may 
request that additional NUTS level 3 regions adjacent to those listed in the decision 
referred  to  in  the  second  subparagraph  are  added  to  a  given  cross-border  area  and 
shall give reasons for the request. 

EN 

15 

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2. 

3. 

Without  prejudice  to  Article  19(2)  and  (3),  cross-border  cooperation  programmes 
may cover regions from Norway, Switzerland, Liechtenstein, Andorra, Monaco and 
San Marino and third countries or territories neighbouring outermost regions. 

Such regions shall be NUTS level 3 equivalent regions. 

For  transnational  cooperation,  the  Commission  shall  adopt  the  list  of  transnational 
areas  to  receive  support,  broken  down  by  cooperation  programme  and  covering 
NUTS  level  2  regions  while  ensuring  the  continuity  of  such  cooperation  in  larger 
coherent  areas  based  on  previous  programmes,  by  means  of  implementing  acts. 
Those implementing acts shall be adopted in accordance with the advisory procedure 
referred to in Article 30(2). 

When  submitting  draft  transnational  cooperation  programmes,  Member  States  may 
request that additional NUTS level 2 regions adjacent to those listed in the decision 
referred  to  in  the  first  subparagraph  are  added  to  a  given  transnational  cooperation 
area and shall give reasons for the request. 

4. 

Without  prejudice  to  Article  19(2)  and  (3),  transnational  cooperation  programmes 
may cover regions from the following third countries or territories: 

(a) 

the third countries or territories listed or referred to in paragraph 2; and 

(b) 

the Faroe Islands and Greenland. 

Without  prejudice  to  Article  19(2)  and  (3),  transnational  cooperation  programmes 
may  also  cover  regions  from  third  countries  covered  by  the  external  financial 
instruments  of  the  Union,  such  as  ENI  pursuant  to  Regulation  (EU)  No  […]/2012, 
including  the  relevant  regions  of  the  Russian  Federation,  and  IPA  pursuant  to 
Regulation (EU) No […]/2012. Annual appropriations corresponding to the support 
of the ENI and IPA to these programmes will be made available, provided that the 
programmes adequately address the relevant external cooperation objectives. 

Such regions shall be NUTS level 2 regions or equivalent regions. 

5. 

For interregional cooperation, support from the ERDF shall cover the entire territory 
of the Union. 

Without  prejudice  to  Article  19(2)  and  (3),  interregional  cooperation  programmes 
may cover the whole or part of the territory of third countries referred to in paragraph 
4(a) and (b). 

For  information  purposes,  regions  of  third  countries  or  territories  referred  to  in 
paragraphs 2 and 4 shall be mentioned in the lists referred to in paragraphs 1 and 3. 

Article 4 
Resources for European territorial cooperation 

Resources for the European territorial cooperation goal shall amount to 3,48 % of the 
global resources available for budgetary commitment from the Funds for the period 

6. 

1. 

EN 

16 

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2. 

3. 

4. 

5. 

6. 

7. 

2014 to 2020 and set out in Article 83(1) of Regulation (EU) No[…/2012 [CPR] (i.e., 
a total of EUR 11 700 000 004) and shall be allocated as follows: 

(a) 

73,24 % (i.e., a total of EUR 8 569 000 003) for cross-border cooperation; 

(b)  20,78 % (i.e., a total of EUR 2 431 000 001) for transnational cooperation; 

(c) 

5,98 % (i.e., a total of EUR 700 000 000) for interregional cooperation. 

Cooperation programmes involving the outermost regions shall receive not less than 
150% of the ERDF support they received in the 2007-2013 period. In addition, EUR 
50  000  000  from  the  allocation  for  interregional  cooperation  shall  be  set  aside  for 
outermost  regions'  cooperation.  Concerning  thematic  concentration,  Article  5  (b) 
applies to this additional allocation. 

The Commission shall adopt a single decision setting out the list of all cooperation 
programmes  and  indicating  the  amounts  of  the  total  ERDF  support  per  programme 
and  of  the  2014  allocation  per  programme  by  means  of  implementing  acts.  Those 
implementing  acts  shall  be  adopted  in  accordance  with  the  advisory  procedure 
referred to in Article 30(2). 

Population  in  the  areas  referred  to  in  the  3rd  sub-paragraph  of  Article  3(1)  and  the 
first  sub-paragraph  of  Article  (3)(3)  shall  be  used  as  the  criterion  for  the  annual 
breakdown by Member State. 

The  support  from  the  ERDF  to  cross-border  and  sea-basin  programmes  under  ENI 
and  to  the  cross-border  programmes  under  IPA  shall  be  established  by  the 
Commission and the Member States concerned. 

Support  from  the  ERDF  to  each  cross-border  and  sea-basin  programme  under  ENI 
and IPA shall be granted provided that at least equivalent amounts are provided by 
ENI and IPA. This equivalence shall be subject to a maximum amount set out in the 
ENI Regulation or the IPA Regulation. 

The  annual  appropriations  corresponding  to  the  support  from  the  ERDF  to 
programmes under ENI and IPA shall be entered in the relevant budget lines of those 
instruments with the 2014 budgetary exercise.  

In 2015 and 2016, the annual contribution from the ERDF to the programmes under 
ENI and IPA for which no programme has been submitted to the Commission by 30 
June under the cross-border and sea-basin programmes under ENI and IPA shall be 
allocated to the internal cross-border cooperation programmes under paragraph 1(a) 
in which the Member State concerned participates. 

If by 30 June 2017, there are still programmes  under the cross-border and sea-basin 
programmes under ENI and IPA which have not been submitted to the Commission, 
the entire support from the ERDF mentioned in paragraph 4 for the remaining years up 
to  2020  shall  be  allocated  to  the  internal  cross-border  cooperation  programmes  under 
paragraph 1(a) in which the Member State concerned participates. 

8. 

Cross-border  and  sea  basin  programmes  referred  to  in  paragraph  4  that  have  been 
adopted by the Commission shall be discontinued if: 

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17 

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(a) 

none  of  the  partner  countries  covered  by  the  programme  have  signed  the 
relevant  financing  agreement  by  the  deadline  established  in  Regulation  (EU) 
No./2012 [the ENI regulation] or Regulation (EU) No. /2012 [IPA]; or 

(b) 

the programme cannot be implemented owing to problems arising in relations 
between the participating countries. 

In such event, the support from the ERDF mentioned in paragraph 4 corresponding to 
annual  instalments  not  yet  committed  shall  be  allocated  to  the  internal  cross-border 
cooperation  programmes  under  paragraph  1(a)  in  which  the  Member  State  concerned 
participates, at its request. 

CHAPTER II 

THEMATIC CONCENTRATION AND INVESTMENT 
PRIORITIES 

Article 5 
Thematic concentration 

The thematic objectives referred to in Article 9 of Regulation (EU) No […]/2012 [the CPR] 
shall be concentrated as follows: 

(a) 

(b) 

(c) 

up  to  4  thematic  objectives  shall  be  selected  for  each  cross-border  cooperation 
programme; 

up  to  4  thematic  objectives  shall  be  selected  for  each  transnational  cooperation 
programme; 

all  thematic  objectives  may  be  selected  for  interregional  cooperation  programmes 
pursuant to Article 2(3)(a). 

Article 6 
Investment priorities 

In addition to Article 5 of Regulation (EU) No […]/2012 [the ERDF Regulation], the ERDF 
shall  support  the  sharing  of  human  resources,  facilities  and  infrastructures  across  borders 
under the different investment priorities, as well as the following investment priorities within 
the thematic objectives: 

(a) 

under cross-border cooperation: 

(i) 

integrating cross-border labour markets, including cross-border mobility, joint 
local employment initiatives and joint training (within the thematic objective of 
promoting employment and supporting labour mobility);  

EN 

18 

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(ii)  promoting  gender  equality  and  equal  opportunities  across  borders,  as  well  as 
promoting  social  inclusion  across  borders  (within  the  thematic  objective  of 
promoting social inclusion and combating poverty);  

(iii)  developing and implementing joint education and training schemes (within the 
thematic objective of investing in skills, education and lifelong learning);  

(iv)  promoting  legal  and  administrative  cooperation  and  cooperation  between 
thematic  objective  of  enhancing 

citizens  and 
institutional capacity and an efficient public administration); 

institutions  (within 

the 

(b) 

under transnational cooperation: development and implementation of macro-regional 
and  sea-basin  strategies  (within  the  thematic  objective  of  enhancing  institutional 
capacity and an efficient public administration). 

CHAPTER III 

PROGRAMMING 

Article 7 
Content of cooperation programmes 

1. 

A cooperation programme shall consist of priority axes. A priority axis shall concern 
one  Fund,  shall  correspond  to  a  thematic  objective  and  comprise  one  or  more 
investment priorities of that thematic objective in line with Articles 5 and 6 of this 
Regulation. 

2. 

A cooperation programme shall set out: 

(a) 

a strategy for the cooperation programme's contribution to the Union strategy 
of smart, sustainable and inclusive growth including: 

(i) 

(ii) 

an  identification  of  the  needs  addressing  the  challenges  as  regards  the 
programme area as a whole; 

a  justification  of  the  choice  of  thematic  objectives  and  corresponding 
investment priorities, having regard to the Common Strategic Framework 
and the results of the ex ante evaluation; 

(b) 

for each priority axis: 

(i) 

the investment priorities and corresponding specific objectives; 

(ii) 

the  common  and  specific  output  and  result  indicators,  with  where 
appropriate a baseline value and a quantified target value; 

(iii)  a description of actions to be supported including the identification of the 
main target groups, specific territories targeted and types of beneficiaries 
where appropriate and the planned use of financial instruments; 

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(iv) 

the  corresponding  categories  of  intervention  based  on  a  nomenclature 
adopted  by  the  Commission  by  means  of  implementing  acts  in 
accordance  with  the  examination  procedure  referred  to  in  Article  30(3) 
and an indicative breakdown of the programmed resources; 

(c) 

the contribution to the integrated strategy for territorial development set out in 
the partnership contract including; 

(i) 

the  mechanisms  that  ensure  coordination  between  the  Funds,  the 
EAFRD,  the  EMFF  and  other  Union  and  national  funding  instruments 
and with the European Investment Bank (EIB); 

(ii)  where  appropriate,  a  planned  integrated  approach  to  the  territorial 
development  of  urban,  rural,  coastal  areas  and  areas  with  particular 
territorial  features,  in  particular  the  implementation  arrangements  for 
Articles 28 and 29 of Regulation (EU) No./2012 [CPR]; 

(iii)  where  appropriate,  the  list  of  cities  where  integrated  actions  for 
sustainable urban development are to be implemented and the indicative 
annual allocation of the ERDF support for these actions; 

(iv) 

the identification of the areas in which community-led local development 
will be implemented; 

(v)  where appropriate, the contribution of the planned interventions towards 

macro regional strategies and sea basin strategies; 

(d) 

arrangements to ensure the effective implementation of the funds including: 

(i) 

(ii) 

a performance framework in accordance with Article 19(1) of Regulation 
(EU) No./2012 [CPR]; 

the  actions  taken  to  involve  the  partners  in  the  preparation  of  the 
cooperation  programme,  and 
the 
the 
implementation,  monitoring  and  evaluation  of 
the  cooperation 
programme; 

the  partners 

role  of 

in 

(e) 

arrangements to ensure the efficient implementation of the funds including: 

(i) 

the planned use of technical assistance including actions to reinforce the 
administrative capacity of authorities and beneficiaries with the relevant 
information referred to in paragraph 2(b) for the priority axis concerned; 

(ii) 

an  assessment  of  the  administrative  burden  for  beneficiaries  and  the 
actions planned to achieve a reduction accompanied by targets; 

(iii)  a  list  of  major  projects  for  which  the  estimated  start  date  for  the 

execution of the main works is before 1 January 2018;  

(f) 

a financing plan  containing two  tables (without any division per participating 
Member State): 

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(i) 

(ii) 

a table specifying for each year, in accordance with Articles 53, 110 and 
111 of Regulation (EU) No./2012 [CPR], the amount of the total financial 
appropriation envisaged for the support from the ERDF; 

a table specifying, for the whole programming period, for the cooperation 
programme  and  for  each  priority  axis,  the  amount  of  the  total  financial 
appropriation  of  the  support  from  the  ERDF  and  the  national  co-
financing.  Where  the  national  co-financing  is  made  up  of  public  and 
private co-financing, the table shall give the indicative breakdown between 
the  public  and  the  private  components.  It  shall  show,  for  information 
purposes, the envisaged participation from the EIB; 

(g) 

the implementing provisions for the cooperation programme containing: 

(i) 

identification  of  the  accreditation  body,  the  managing  authority  and  the 
audit authority; 

(ii) 

the body or bodies designated to carry out control tasks; 

(iii) 

the  body  or  bodies  designated  to  be  responsible  for  carrying  out  audit 
tasks; 

(iv) 

the procedure for setting up the joint secretariat;  

(v) 

a summary description of the management and control arrangements; 

(vi) 

the apportionment of liabilities among the participating Member States in 
case  of  financial  corrections  imposed  by  the  managing  authority  or  the 
Commission. 

Information required under points (a) to (d) shall be adapted to the specific character 
of cooperation programmes under Article 2(3)(b), (c) and (d) of this Regulation. 

Information required under point (e)(ii) and (iii) shall not be included in cooperation 
programmes under Article 2(3)(b), (c) and (d) of this Regulation. 

3. 

Each cooperation programme shall include: 

(i) 

(ii) 

a description of specific actions to take into account environmental protection 
requirements,  resource  efficiency,  climate  change  mitigation  and  adaptation, 
and risk prevention and risk management in the selection of operations; 

a description of the specific actions to promote equal opportunities and prevent 
any  discrimination  based  on  sex,  racial  or  ethnic  origin,  religion  or  belief, 
disability,  age  or  sexual  orientation  during  the  preparation,  design  and 
implementation  of  the  cooperation  programme  and  in  particular  in  relation  to 
access  to  funding  taking  account  of  the  needs  of  the  various  target  groups  at 
risk  of  such  discrimination  and  in  particular  the  requirements  of  ensuring 
accessibility for disabled persons; 

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(iii)  a description of its contribution to the promotion of equality between men and 
women  and  where  appropriate  the  arrangements  to  ensure  the  integration  of 
gender perspective at programme and operation level. 

Member  States  shall  submit  an  opinion  of  the  national  equality  bodies  on  the 
measures  set  out  in  points  (ii)  and  (iii)  with  the  proposal  for  a  cooperation 
programme. 

The first and second subparagraph shall not apply to cooperation programmes under 
Article 2(3)(b), (c) and (d). 

Cooperation programmes under Article 2(3)(c) and (d) shall define the beneficiary or 
beneficiaries  for  such  a  cooperation  programme  and  may  specify  the  granting 
procedure. 

The participating Member States and third countries or territories, where applicable, 
shall confirm in writing their agreement to the contents of a cooperation programme 
prior  to  its  submission  to  the  Commission.  This  agreement  shall  also  include  a 
commitment of all participating Member States to provide the co-financing necessary 
to implement the cooperation programme. 

Member  States  shall  draft  the  cooperation  programmes  according  to  the  model 
adopted by the Commission. 

The  Commission  shall  adopt  that  model  by  means  of  implementing  acts.  Those 
implementing  acts  shall  be  adopted  in  accordance  with  the  advisory  procedure 
referred to in Article 30(2). 

4. 

5. 

6. 

7. 

Article 8 
Joint Action Plan 

Where a joint action plan referred to in Article 93(1) of Regulation (EU) No./2012 [CPR] is 
carried out under the responsibility of an EGTC as beneficiary, staff of the joint secretariat of 
the  cooperation  programme  and  members  of  the  Assembly  of  the  EGTC  may  become 
members of the steering committee referred to in Article 97(1) of Regulation (EU) No./2012 
[CPR].  The  members  of  the  Assembly  of  the  EGTC shall not form the majority within that 
steering committee. 

Article 9 
Community-led local development 

Community-led local development under Article 28 of Regulation (EU) No./2012 [CPR] may 
be implemented in cross-border cooperation programmes, provided that the local development 
group  is  composed  of  representatives  of  at  least  two  countries,  of  which  one  is  a  Member 
State. 

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Article 10 
Integrated territorial investment 

For  cooperation  programmes,  the  intermediate  body  to  carry  out  the  management  and 
implementation  of  an  Integrated  territorial  investment  referred  to  in  Article  99(3)  of 
Regulation (EU) No./2012 [CPR] shall be an EGTC or other legal body established under the 
laws of one of the participating countries provided that it is set up by public authorities from 
at least two participating countries. 

1. 

2. 

3. 

4. 

5. 

1. 

Article 11  
Selection of operations 

Operations  under  cooperation  programmes  shall  be  selected  by  the  monitoring 
committee referred to in Article 41 of Regulation (EU) No […]/2012 [CPR]. 

Operations  selected  under  cross-border  and  transnational  cooperation  shall  involve 
beneficiaries from at least two participating countries, at least one of which shall be 
from  a  Member  State.  An  operation  may  be  implemented  in  a  single  country, 
provided that it is for the benefit of the programme area. 

Operations  concerning  interregional  cooperation  under  Article  2(3)(a)  and  (b)  shall 
involve  beneficiaries  from  at  least  three  countries,  at  least  two  of  which  shall  be 
Member States. 

Notwithstanding  paragraph  2,  an  EGTC  or  other  legal  body  established  under  the 
laws  of  one  of  the  participating  countries  may  apply  as  sole  beneficiary  for  an 
operation provided that it is set up by public authorities and bodies from at least two 
participating  countries,  for  cross-border  and  transnational  cooperation,  and  from  at 
least three participating countries, for interregional cooperation. 

Beneficiaries  shall  cooperate  in  the  development,  implementation,  staffing  and 
financing of operations. 

The  managing  authority  shall  provide  to  the  lead  or  sole  beneficiary  for  each 
operation a document setting out the conditions for support the operation, including 
the specific requirements concerning the products or services  to be delivered under 
the operation, the financing plan, and the time-limit for execution. 

Article 12 
Beneficiaries 

Where  there  are  two  or  more  beneficiaries  for  an  operation  in  a  cooperation 
programme,  one  of  them  shall  be  designated  by  all  the  beneficiaries  as  the  lead 
beneficiary. 

2. 

The lead beneficiary shall carry out the following tasks: 

(a) 

lay down the arrangements with other beneficiaries in an agreement comprising 
provisions  that,  inter  alia,  guarantee  the  sound  financial  management  of  the 

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funds  allocated  to  the  operation,  including  the  arrangements  for  recovering 
amounts unduly paid; 

(b) 

assume responsibility for ensuring implementation of the entire operation; 

(c) 

ensure  that  expenditure  presented  by  all  beneficiaries  has  been  incurred  in 
implementing  the  operation  and  corresponds  to  the  activities  agreed  between 
all the beneficiaries; 

(d)  verify that the expenditure presented by other beneficiaries has been validated 
by  a  controller(s)  where  this  verification  is  not  carried  out  by  the  managing 
authority pursuant to Article 22(3). 

The lead beneficiary shall ensure that the other beneficiaries receive the total amount 
of the public support as quickly as possible and in full. No amount shall be deducted 
or  withheld  and  no  specific  charge  or  other  charge  with  equivalent  effect  shall  be 
levied that would reduce those amounts for the other beneficiaries. 

Lead  beneficiaries  shall  be  located,  and  sole  beneficiaries  shall  be  registered,  in  a 
Member State. 

CHAPTER IV 

MONITORING AND EVALUATION 

Article 13 
Implementation reports  

By 30 April 2016 and by 30 April of each subsequent year until and including 2022, 
the  managing  authority  shall  submit  to  the  Commission  an  annual  report  in 
accordance  with  Article  44(1)  of  Regulation  (EU)  No  […]/2012  [CPR].  The  report 
submitted  in  2016  shall  cover  the  financial  years  2014  and  2015,  as  well  as  the 
period between the starting date for eligibility of expenditure and 31 December 2013. 

3. 

4. 

1. 

2. 

Annual implementation reports shall set out information on: 

(a) 

implementation  of  the  cooperation  programme  in  accordance  with  Article 
44(2) of Regulation (EU) No […]/2012 [CPR]; 

(b)  progress in preparation and implementation of major projects and joint action 

plans. 

3. 

The  annual  implementation  reports  submitted  in  2017  and  2019  shall  set  out  and 
assess the information required under Articles 44(3) and (4) of Regulation (EU) No 
[…]/2012  [CPR]  respectively  and  the  information  set  out  in  paragraph  2  together 
with: 

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(a) 

in 

implementation  of 

 progress 
territorial 
the 
development,  including  sustainable  urban  development,  and  community-led 
local development under the operational programme; 

integrated  approach 

to 

(b) 

 progress  in  implementation  of  actions  to  reinforce  the  capacity  of  authorities 
and beneficiaries to administer and to use the ERDF; 

(c)  progress  in  implementation  of  the  evaluation  plan  and  the  follow-up  given  to 

the findings of evaluations; 

(d) 

the specific actions taken to promote equality between men and women and to 
prevent  discrimination,  including  accessibility  for  disabled  persons,  and  the 
arrangements implemented to ensure the integration of the gender perspective 
in the operational programme and operations; 

(e) 

actions taken to promote sustainable development; 

(f) 

the  results  of  the  information  and  publicity  measures  carried  out  under  the 
communication strategy; 

(g)  progress  in  the  implementation  of  actions  in  the  field  of  social  innovation, 

where appropriate; 

(h) 

the  involvement  of  the  partners  in  the  implementation,  monitoring  and 
evaluation of the cooperation programme. 

4. 

The  annual  and  final  implementation  reports  shall  be  drawn  up  following  models 
adopted  by  the  Commission  by  means  of  implementing  acts.  These  implementing 
acts  shall  be  adopted  in  accordance  with  the  advisory  procedure  referred  to  in 
Article 30(2). 

Article 14 
Annual review 

Where  an  annual  review  meeting  is  not  organised  pursuant  to  Article  45(3)  of  Regulation 
(EU) No […]/2012 [CPR], the annual review may be carried out in writing. 

Article 15 
Indicators for the European territorial cooperation goal 

Common indicators, as set out in the Annex to this Regulation, shall be used where relevant 
and  in  accordance  with  Article  24(3)  of  Regulation  (EU)  No./2012  [CPR].  Their  baselines 
shall be set at zero and cumulative targets shall be fixed for 2022. 

For programme-specific output indicators, baselines shall be set at zero and cumulative targets 
shall be fixed for 2022. 

For programme-specific result indicators, baselines shall be set using the latest available data 
and targets shall be fixed for 2022, but may be expressed in quantitative or qualitative terms. 

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Article 16 
Technical assistance 

The amount of the ERDF allocated to technical assistance shall be limited to 6% of the total 
amount allocated to a cooperation programmes, but shall not be less than EUR 1 500 000. 

CHAPTER VI 

ELIGIBILITY 

Article 17 
General rules on eligibility of expenditure 

1. 

2. 

3. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 29 to set additional specific rules on eligibility of expenditure for cooperation 
programmes. 

Without prejudice to the eligibility rules laid down in or on the basis of Articles 55 to 
61 of Regulation (EU) No […]/2012 [CPR], Regulation (EU) No […]/2012 [ERDF] 
or this Regulation, the monitoring committee shall establish eligibility rules for the 
cooperation programme as a whole. 

For matters not covered by eligibility rules laid down in or on the basis of Articles 55 
to  61  of  Regulation  (EU)  No  […]/2012  [CPR],  Regulation  (EU)  No  […]/2012 
[ERDF] or this Regulation or by the monitoring committee, the national rules of the 
country in which the expenditure is incurred shall apply. 

Article 18 
Staff costs 

Staff costs of an operation may be calculated as a flat rate of up to 15 % of the direct costs 
other than the staff costs of that operation. 

Article 19 
Eligibility of operations in cooperation programmes depending on location 

1. 

2. 

Operations under cooperation programmes, subject to the derogations referred to in 
paragraphs  2  and  3,  shall  be  located  in  the  part  of  the  programme  area  comprising 
Union territory (the 'Union part of the programme area'). 

The  managing  authority  may  accept  that  all  or part of an operation is implemented 
outside  the  Union  part  of  the  programme  area,  provided  that  all  the  following 
conditions are satisfied: 

(a) 

the operation is for the benefit of the programme area; 

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(b) 

(c) 

the  total  amount  allocated  under  the  cooperation  programme  to  operations 
located  outside  the  Union  part  programme  area  does  not  exceed  20  %  of  the 
support from the ERDF at programme level, or 30 % in the case of cooperation 
programmes for which the Union part of the programme consists of outermost 
regions; 

the  obligations  of  the  managing  and  audit  authorities  in  relation  to 
management,  control  and  audit  concerning  the  operation  are  fulfilled  by  the 
cooperation  programme  authorities  or  they  enter  into  agreements  with 
authorities  in  the  Member  State  or  third  country  or  territory  in  which  the 
operation is implemented. 

3. 

For operations concerning promotional activities and capacity-building, expenditure 
may  be  incurred  outside  the  Union  part  of  the  programme  area  provided  that  the 
conditions in paragraphs 2(a) and 2(c) are fulfilled. 

CHAPTER VII 

MANAGEMENT, CONTROL AND ACCREDITATION  

Article 20 
Designation of authorities 

1. 

2. 

For the purposes of Articles 113(1) and (2) of Regulation (EU) No […]/2012 [CPR], 
Member  States  participating  in  a  cooperation  programme  shall  appoint  a  single 
managing authority and, for the purpose of Article 113(4) of that Regulation, a single 
audit authority, which shall be situated in the same Member State. 

The  managing  authority  shall  receive  the  payments  made  by  the  Commission  and 
shall  make  payments  to  the  lead  beneficiary  in  accordance  with  Article  122  of 
Regulation (EU) No […]/2012 [CPR]. 

Article 21 
European grouping of territorial cooperation 

Member States participating in a cooperation programme may make use of an EGTC with a 
view  to  making  the  grouping  responsible  for  managing  the  cooperation  programme  or  part 
thereof, notably by conferring on it the responsibilities of a managing authority. 

Article 22 
Functions of the managing authority 

1. 

The managing authority of a cooperation programme shall carry out the functions of 
the managing authority and of the certifying authority laid down in Articles 114 and 
115 of Regulation (EU) No […]/2012 [CPR]. 

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2. 

The  managing  authority,  after  consultation  with  the  Member  States  and  any  third 
countries participating in a cooperation programme, shall set up a joint secretariat.  

3. 

4. 

5. 

1. 

2. 

The  joint  secretariat  shall  assist  the  managing  authority  and  the  monitoring 
committee in carrying out their respective functions. The joint secretariat shall also 
provide  information  to  potential  beneficiaries  about  funding  opportunities  under 
cooperation  programmes  and  shall  assist  beneficiaries  in  the  implementation  of 
operations. 

Verifications under  Article 114(4)(a) of Regulation (EU) No […]/2012  [CPR] shall 
be  carried  out  by  the  managing  authority  for  the  whole  programme  area  where  the 
managing authority is an EGTC. 

Where the managing authority cannot carry out verifications under Article 114(4)(a) 
of Regulation (EU) No […]/2012 [CPR] throughout the whole programme area, each 
Member  State  or  third  country  shall  designate  the  body  or  person  responsible  for 
carrying  out  such  verifications  in  relation  to  beneficiaries  on  its  territory 
('controller(s)'). 

Those controllers shall, where possible, be the same bodies responsible for carrying 
out  such  verifications  for  the  operational  programmes  under  the  Investment  for 
growth and jobs goal or, in the case of third countries, for carrying out comparable 
verifications under external policy instruments of the Union. 

Each Member State or third country shall be responsible for verifications carried out 
on its territory. 

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

Article 23 
Functions of the audit authority 

The  Member  States  and  third  countries  participating  in  a  cooperation  programme 
may  decide  that  the  audit  authority  is  authorised  to  carry  out  directly  the  functions 
provided for in Article 116 of Regulation (EU) No […]/2012 [CPR] in the whole of 
the territory covered by a cooperation programme. They shall specify when the audit 
authority shall be accompanied by an auditor of a Member State or a third country. 

Where the audit authority does not have the authorisation referred to in paragraph 1, 
it  shall  be  assisted  by  a  group  of  auditors  composed  of  a  representative  from  each 
Member  State  or  third  country  participating  in  the  cooperation  programme  and 
carrying  out  the  functions  provided  for  in  Article  116  of  Regulation  (EU) 
No […]/2012 [CPR]. 

Each representative shall be responsible for providing the factual elements relating to 
expenditure on its territory that is required by the audit authority in order to perform 
its assessment. 

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The group of auditors shall be set up at the latest within three months of the decision 
approving  the  cooperation  programme.  It  shall  draw  up  its  own  rules  of  procedure 
and be chaired by the audit authority for the cooperation programme. 

3. 

The  auditors  shall  be  functionally  independent  from  controllers  who  carry  out 
verifications under Article 22. 

Article 24 
Accreditation 

The managing  authority shall be accredited by the accrediting body of the Member State in 
which the managing authority is located. 

CHAPTER VIII 

FINANCIAL MANAGEMENT 

Article 25 
Budget commitments, payments and recoveries 

1. 

2. 

3. 

The  ERDF  support  to  cooperation  programmes  shall  be  paid  into  a  single  account 
with no national sub-accounts. 

The  managing  authority  shall  ensure  that  any  amount  paid  as  a  result  of  an 
irregularity is recovered from the lead or sole beneficiary. Beneficiaries shall repay 
the lead beneficiary any amounts unduly paid. 

If  the  lead  beneficiary  does  not  succeed  in  securing  repayment  from  other 
beneficiaries  or  if  the  managing  authority  does  not  succeed  in  securing  repayment 
from  the  lead  or  sole  beneficiary,  the  Member  State  or  third  country  on  whose 
territory the beneficiary concerned is located or, in the case of an EGTC, is registered 
shall reimburse the managing authority the amount unduly paid to that beneficiary. 
The managing authority shall be responsible for reimbursing the amounts concerned 
to  the  general  budget  of  the  Union,  in  accordance  with  the  apportionment  of 
liabilities  among  the  participating  Member  States  as  laid  down  in  the  cooperation 
programme. 

Article 26 
Use of the euro 

By way of derogation from Article 123 of Regulation (EU) No […]/2012 [CPR], expenditure 
incurred in a currency other than the euro shall be converted into euro by the beneficiaries in 
the month during which expenditure was incurred. 

The conversion shall be verified by the managing authority or by the controller in the Member 
State or third country in which the beneficiary is located. 

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Article 27 
Decommitment 

By way of derogation from the first subparagraph of Article 127(1), but without prejudice to 
Article  127(4),  of  Regulation  (EU)  No […]/2012  [CPR],  the  Commission  shall  de-commit 
any part of the amount calculated in accordance with the second subparagraph of that Article 
in a cooperation programme that has not been used for payment of the initial and annual pre-
financing,  interim  payments  and  annual  balance  by  31  December  of  the  third  financial  year 
following  the  year  of  budget  commitment  under  the  cooperation  programme  or  for  which  a 
payment application has not been sent in accordance with Article 126(1) of Regulation (EU) 
No […]/2012 [CPR]. 

Article 28 
Participation of third countries 

Detailed  rules  concerning  financial  management  as  well  as  programming,  monitoring, 
evaluation and control of the participation of third countries in transnational and interregional 
cooperation programmes as referred to in Article 3(4), second sub-paragraph, and (5) shall be 
established  in  the  relevant  cooperation  programme  and/or  the  relevant  financing  agreement 
between  the  Commission,  each  of  the  third  countries  and  the  Member  State  hosting  the 
managing authority of the relevant cooperation programme, as appropriate. 

CHAPTER X 

FINAL PROVISIONS 

Article 29 
Exercise of the delegation 

1. 

2. 

3. 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article. 

The power to adopt delegated acts referred to in Article 17(1) shall be conferred on 
the Commission for an indeterminate period of time from the date of entry into force 
of this Regulation. 

The delegation of power referred to in Article 17(1) may be revoked at any time by 
the European Parliament or by the Council. 

A decision to revoke shall put an end to the delegation of the power specified in that 
decision. It shall take effect the day following the publication of the decision in the 
Official Journal of the European Union or at a later date specified therein. It shall not 
affect the validity of any delegated acts already in force. 

4. 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council. 

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5. 

1. 

2. 

3. 

1. 

2. 

A  delegated  act  adopted  pursuant  to  Article  17(1)  shall  enter  into  force  only  if  no 
objection  has  been  expressed  either  by  the  European  Parliament  or  the  Council 
within a period of two months of notification of that act to the European Parliament 
and the Council or if, before the expiry of that period, the European Parliament and 
the  Council  have  both  informed  the  Commission  that  they  will  not  object.  That 
period shall be extended by two months at the initiative of the European Parliament 
or of the Council. 

Article 30 
Committee procedure 

The Commission shall be assisted by the Coordination Committee of the Funds. That 
committee  shall  be  a  committee  within 
the  meaning  of  Regulation  (EU) 
No 182/2011. 

Where  reference  is  made  to  this  paragraph,  Article  4  of  Regulation  (EU) 
No 182/2011 shall apply. 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU) 
No 182/2011 shall apply. 

Article 31 
Transitional provisions 

As far as the European territorial cooperation objective is concerned, this Regulation 
shall not affect either the continuation or modification, including the total or partial 
cancellation,  of  support  approved  by  the  Commission  on  the  basis  of  Council 
Regulation (EC) No 1080/2006 or any other legislation applying to that assistance on 
31 December  2013,  which  shall  consequently  apply  thereafter  to  that  assistance  or 
the projects concerned until their closure. 

Applications  concerning the European territorial cooperation objective in the 2007-
2013  period  to  receive  support  made  under  Regulation  (EC)  No  1080/2006  before 
1 January 2014 shall remain valid. 

Article 32 
Review 

The European Parliament and the Council shall review this Regulation by 31 December 2022, 
in accordance with Article 178 of the Treaty. 

Article 33 
Entry into force 

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

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX 

Common indicators for the European territorial cooperation goal  
(referred to in Article 15) 

UNIT 

NAME 

Productive 
investment 

enterprises 

Number of enterprises receiving grants  

enterprises 

enterprises 

Number  of  enterprises  receiving  financial 
support other than grants 

Number  of  enterprises 
financial support 

receiving  non-

enterprises 

Number of new enterprises supported 

EUR 

EUR 

full 
equivalents 

Private  investment  matching  public  support 
to SMEs (grants) 

Private  investment  matching  public  support 
to SMEs (non-grants) 

time 

Number of jobs created in assisted SMEs 

Tourism 

visits 

Number of visits to supported attractions  

ICT Infrastructure 

persons 

Population covered by broadband access of at 
least 30 Mbps 

Transport 

Railway 

Roads 

km 

km 

km 

km 

Total length of new railway line 

of which: TEN-T 

Total  length  of  reconstructed  or  upgraded 
railway line 

 of which: TEN-T 

Total length of newly built roads 

of which: TEN-T 

Total  length  of  reconstructed  or  upgraded 
roads 

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Urban transport 

passenger trips 

Inland waterways 

tonne-km 

Environment 

of which: TEN-T 

Increase  of  passenger  trips  using  supported 
urban transport service 

Increase  of  cargo  transported  on  improved 
inland waterways 

Solid waste 

tonnes 

Additional waste recycling capacity 

Water supply 

persons 

Additional  population  served  by  improved 
water supply 

m3 

Estimated  reduction  of  leakage  in  water 
distribution network 

Wastewater treatment  population 
equivalent 

Additional  population  served  by  improved 
wastewater treatment 

Risk  prevention  and 
management  

persons 

Population  benefiting  from  flood  protection 
measures 

persons 

Population  benefiting 
forest 
protection and other protection measures 

from 

fire 

Land rehabilitation 

hectares 

Total surface area of rehabilitated land 

hectares 

hectares 

Change in land sealed due to development 

Surface area of habitats in better conservation 
status 

Soil sealing 

Nature and 
biodiversity 

Research, 
Innovation  

Persons 

Enterprises 

Full time 
equivalents 

EUR 

Number of R&D personnel/researchers 
working in newly built or equipped research 
infrastructures  

Number of enterprises cooperating with 
assisted research institutions  

Number of posts for R&D 
personnel/researchers created in assisted 
entities  

Private investment matching public support 
in innovation or R&D projects 

EN 

34 

   EN 

 
 
  
  
 
 
  
  
 
 
  
  
Enterprises 

Enterprises 

Number of enterprises that introduced new or 
significantly improved products, new to the 
market as a result of supported innovation or 
R&D projects  

Number of enterprises that introduced new or 
significantly improved products, new to the 
firm as a result of supported innovation or 
R&D projects  

Energy  and  Climate 
change 

Renewables 

MW 

Energy efficiency 

households 

kWh/year 

users 

GHG reduction 

tonnes of CO2eq 

Social infrastructure 

Childcare & education  persons 

Additional  capacity  of  renewable  energy 
production 

Number of households with improved energy 
consumption classification 

Decrease  of  primary  energy  consumption  of 
public buildings 

Number of additional energy users connected 
to smart grids 

Estimated  decrease  of  GHG 
equivalents 

in  CO2 

Service  capacity  of  supported  childcare  or 
education infrastructure 

Health 

Housing 

Tourism 

Cultural heritage 

persons 

Capacity of supported health services 

households 

Number  of  households  benefiting 
improved housing conditions 

from 

visits 

visits 

Number of visits to supported attraction  

Number of visits at supported sites 

Urban development 

Persons 

Population  living  in  areas  with  integrated 
urban development strategies 

square metres 

New open space in urban areas 

square metres 

New public or commercial buildings in urban 
areas 

EN 

35 

   EN 

 
 
 
  
  
 
 
 
 
  
  
square metres 

New housing in urban areas 

Labour  Market  and 
Training22 

Institutional 
Administrative 
Capacity 

and 

persons 

persons 

persons 

persons 

number 

number 

number 

number 

Number  of  participants 
mobility initiatives  

in  cross-border 

Number  of  participants 
employment initiatives and joint training 

joint 

in 

local 

Number of participants in projects promoting 
gender  equality,  equal  opportunities  and 
social inclusion across borders 

schemes 

Number of participants in joint education and 
training 
youth 
employment,  educational  opportunities  and 
higher  and  vocational  education  across 
borders 

support 

to 

Number  of  projects  promoting  legal  and 
administrative  cooperation  and  cooperation 
between citizens and institutions 

of 

projects 

Number 
and 
implemented  to  support  the  implementation 
of  macro-regional  strategies  and  sea  basin 
strategies 

developed 

projects 
of 
Number 
cooperation  developed 
effectiveness of cohesion policy  

in 
to 

interregional 
the 

reinforce 

of 

projects 

Number 
interregional 
cooperation  developed  and  implemented  to 
reinforce the effectiveness of cohesion policy 

in 

22 

Where  relevant,  the  information  on  participants  shall  be  broken  down  by  their  labour  market  status, 
indicating  whether  they  are  "employed",  "unemployed",  "long-term  unemployed",  "inactive"  or 
"inactive and not in education or training". 

EN 

36 

   EN