Explanatory Memorandum to COM(2012)496 - Common provisions on ERDF, ESF, CF, EAFRD and EMFF (the Common Strategic Framework Funds) and general provisions on ERDF, ESF and CF - Main contents
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| dossier | COM(2012)496 - Common provisions on ERDF, ESF, CF, EAFRD and EMFF (the Common Strategic Framework Funds) and general provisions on ERDF, ... |
|---|---|
| source | COM(2012)496  |
| date | 11-09-2012 |
1. CONTEXT OF THE PROPOSAL
The Commission presented its proposals for a regulation laying down common provisions on the ERDF, the ESF, the CF, the EAFRD and the EMFF and general provisions on cohesion policy funds on 6 October 2011 (COM(2011) 615 final).
This proposed Common Provisions Regulation (CPR) foresaw the adoption of a Common Strategic Framework (CSF) which:
"…translates the objectives of the Union into key actions for the CSF Funds, in order to provide clearer strategic direction to the programming process at the level of Member States and regions. The Common Strategic Framework should facilitate sectoral and territorial coordination of Union intervention under the CSF Funds and with other relevant Union policies and instruments.
The Common Strategic Framework should therefore establish the key areas of support, territorial challenges to be addressed, policy objectives, priority areas for cooperation activities, coordination mechanisms and mechanisms for coherence and consistency with the economic policies of Member States and the Union." (Recitals 14 and 15)
The Commission's proposal set out the objectives and content of the CSF in Articles 10 and 11 of the CPR. Article 12 of the proposal foresaw that the Common Strategic Framework would be adopted by the Commission as a delegated act.
Both the Council and the REGI committee of the European Parliament have signalled that they wish to see the CSF adopted as an annex to the regulation and not as a delegated act. In view of this and in order to facilitate a compromise between the institutions, the Commission presents this amended legislative proposal which splits the elements of the CSF between a new annex (Annex I) to the CPR and a delegated act. The Commission maintains, however, that all elements, whether included in the annex or in the delegated act, remain non-essential elements for the purpose of Article 290 Treaty of the Functioning of the European Union and can thus be amended by delegated act. The essential elements are contained in Articles 11 and 12 of the CPR.
2. RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
In order to facilitate the discussion, a Commission staff working document setting out the main elements of the CSF was published on 14 March 2012 (SWD (2012) 61).
Following examination of the staff working document, the Council and the REGI committee of the European Parliament have maintained their position that the CSF should be adopted as an annex to the CPR. Both consider that the CSF is an essential element of the legislative act, as they argue that the CSF expresses political choices on the fundamental aspects of cohesion policy. Corresponding amendments have been included in the partial general approach adopted by the General Affairs Council on 24 April 2012 and in the draft reports from the REGI committee of the EP.
An Impact Assessment has been carried out for the original legislative proposals.
3. LEGAL ELEMENTS OF THE PROPOSAL
The amended legislative proposal splits the elements of the CSF between a new annex (Annex I) to the CPR and a delegated act. The provisions on the CSF contained in the annex are non-essential elements of the legislative act in terms of Article 290 TFEU and can thus be modified by delegated act.
The new annex contains four sections on 1) means to achieve coherence and consistency with the economic policies of Member States and the Union, 2) coordination mechanisms among CSF Funds and with other relevant Union policies and instruments, 3) horizontal principles and cross-cutting policy objectives and 4) arrangements to address territorial challenges. These sections will largely build on sections 3, 4 and 5 of the Commission staff working document and relevant elements of its Annexes I and II, adapting the language to the requirements of regulatory text.
The delegated act will in turn contain two sections: 1) sections on indicative actions of high European added value and corresponding principles for delivery and 2) priorities for cooperation. These largely build on Annexes I and II to the staff working document, again with the necessary legal adaptations.
The figures contained in the section on the financial framework and in the legislative financial statement have been updated to take account of the Commission's amended proposal for the multiannual financial framework 2014-20201.
4. BUDGETARY IMPLICATIONS
The amended proposal will have no budgetary implications. The availability of new data and macro-economic forecasts as well as the accession of the Republic of Croatia results however in changes of the cohesion envelope.
5. SUMMARY OF AMENDMENTS
The amendment concerns changes to Recitals 14, 15, 16, 83, 84 and 88, and Articles 2, 10, 11, 12, 14, 141 and 142. A new Annex I has also been added, which has caused changes in the numbering of the annexes in some additional articles (19, 83, 86, 87, 105, 106 and 107). The legislative financial statement has also been updated.