Legal provisions of COM(2013)301 - Amending regulation 1083/2006 as regards to financial management for Member States experiencing financial difficulties and to decommitment rules for Member States

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dossier COM(2013)301 - Amending regulation 1083/2006 as regards to financial management for Member States experiencing financial difficulties and ...
document COM(2013)301 EN
date December 11, 2013

Contents

Article 1

Regulation (EC) No 1083/2006 is amended as follows:

(1)Article 77 is amended as follows:

(a)Paragraph 2 is amended as follows:

‘2.   By way of derogation from Article 53(2), from the second sentence of Article 53(4) and from the ceilings set out in Annex III, interim payments and payments of the final balance shall be increased by an amount corresponding to 10 percentage points above the co-financing rate applicable to each priority axis, but not exceeding 100 %, to be applied to the amount of eligible expenditure newly declared in each certified statement of expenditure submitted until the end of the programming period, where, after 21 December 2013 a Member State meets one of the following conditions:

(a)financial assistance is made available to it in accordance with Council Regulation (EU) No 407/2010 (6) or financial assistance is made available to it by other euro area Member States before the entry into force of that Regulation;

(b)medium-term financial assistance is made available to it in accordance with Council Regulation (EC) No 332/2002 (7);

(c)financial assistance is made available to it in accordance with the Treaty establishing the European Stability Mechanism following its entry into force.

(6) Council Regulation (EU) No 407/2010 of 11 May 2010 establishing a European financial stabilisation mechanism (OJ L 118, 12.5.2010, p. 1)."

(7) Council Regulation (EC) No 332/2002 of 18 February 2002 establishing a facility providing medium-term financial assistance for Member States' balances of payments (OJ L 53, 23.2.2002, p. 1).’;"

(b)Paragraph 6 is deleted;

(c)The following paragraph is added:

‘12.   By way of derogation from paragraph 10, the Union contribution through payments of the final balance for each priority axis shall not exceed, by more than 10 %, the maximum amount of assistance from the Funds for each priority axis as laid down in the decision of the Commission approving the operational programme. However, the Union contribution through payments of the final balance shall not exceed the public contribution declared and the maximum amount of assistance from each Fund to each operational programme as laid down in the decision of the Commission approving the operational programme.’;

(2)Article 93 is amended as follows:

(a)The following paragraph is inserted:

‘2b.   By way of derogation from the first subparagraph of paragraph 1 and from paragraph 2, for Member States whose cohesion policy allocations in the 2014-2020 programming period are capped at 110 % of their level in real terms for the 2007-2013 period, the deadline referred to in paragraph 1 shall be 31 December of the third year following the year of the annual budget commitment from 2007 to 2012 under their operational programmes.’;

(b)In paragraph 3, the following subparagraph is added:

‘The first subparagraph is without prejudice to the application of the deadline laid down in paragraph 2b to the 2012 budget commitment for the Member States referred to in that paragraph.’.

Article 2

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

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