Black Sea Basin 2013 annual conference““From ENPI CBC to ENI CBC – From ENPI CBC to ENI CBC –

Lesson Learned and Future Opportunities in the Black Sea Basin”Lesson Learned and Future Opportunities in the Black Sea Basin”

Istanbul, 5 December 2013

What is new forWhat is new for ENI CBC in 2014-2020?ENI CBC in 2014-2020?

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I.REGULATORY FRAMEWORK

I.REGULATORY FRAMEWORK

Indicative timetable for adoption

Regulatory framework - calendar

Financial Regulation

Adoption end 2012 – entry

into force 2013

ENI Regulation

and Common Implementing

rules

Adoption early 2014

Delegated Act and

Strategic Dialogue: - EP

Spring 2014

Programming Document

Adoption Summer 2014

Implementing Rules

Adoption 3rd Quarter 2014

JOPs

End 2014

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II. ENI CBC STRATEGY

II. ENI CBC STRATEGY

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Basic geographical eligibility

ENI Cross-Border Cooperation programmes can be established:

for land borders, covering the territorial units corresponding to NUTS level 3 along the land borders;

for maritime borders, covering the territorial units corresponding to NUTS level 3 along maritime borders;

around a sea basin, covering the coastal territorial units corresponding to NUTS level 2.

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Proposed list of ENI CBC programmes 2014-2020

Kolarctic programme - Finland /Russia

Poland/Russia

Latvia/Lithuania/Belarus

Latvia/Russia

Estonia/Russia

SE Finland/Russia

Karelia programme – Finland/Russia

Lithuania/Russia

Poland/Belarus Ukraine

Hungary/Slovakia/Romania/Ukraine

Romania/Moldova

Land border programmes

Romania/Ukraine

Sea crossings programmes

Sea basin programmes

Italy/Tunisia Baltic Sea Region

Black Sea

Mediterranean

Mid Atlantic

ENI CBC Programming Document

Programme area:

Identification of the eligible border regions = « core eligible area »

Several options to extend the eligible area: (i) adjoining regions(ii) major centres(iii) extension from NUTS III to NUTS II for sea-crossing

programme(iv) adjoining regions from non-participating countries (ENI

Regulation, Art. 10.5)

Border regions from EEA and IPA countries eligible to participate in ENI CBC programmes will be listed in the Programming Document as part of the core regions of the concerned programme. As in the case of other participating countries, the inclusion of adjoining regions and major centers from these countries should be duly justified in the JOP

Programme area (maximum potential)Programme area

(maximum potential)

ENI CBC IRs: flexibility for beneficiaries/

activities outside programme area

ENI CBC IRs: flexibility for beneficiaries/

activities outside programme area

IN ADDITION

Major cente

rs

Possibilities for extension

Justification for extension Adjoining regions from participating countries:

would bring substantial added value for the core eligible area and essential for achieving CBC impact in the core eligible area.

Major centers: would bring substantial added value for the core eligible border

area, would strongly contribute to the achievement of the CBC impact

in the core eligible border area, essential to achieving the programme’s objectives in a

sustainable way; justification to be provided per programme priority.

Organizations from adjoining regions from non-participating countries (ENI Regulation, art. 10.5):

shall be envisaged and justified at project level if foreseen in the Joint operational Programme and calls for proposals;

shall be essential to achieve the specific project objectives in the core eligible area of the programme;

shall be key to ensuring the sustainability of the actions in the core eligible area of the programme;

shall be subject to the same provisions as the eligibility of actions and beneficiaries outside the programme area

ENI CBC Programming Document

3 strategic / overarching objectives programmes do not need to address all 3 objectives – to

be decided based on the situation analysis and the strategy chosen

A list of thematic objectives programmes to choose 4 = thematic concentration

People to People as an horizontal modalityCan be a modality in all thematic objectives

Thematic objectives translated by programmes into priorities

ENI CBC intervention logic

Defining the programme strategy

Thematic objectives for ENI

CBC

Cross-

cutting

issues

Stakeholder involvement

Common needs of

programme area

Questions for better focusing

To what extent is cooperation necessary in this field? What added value can it present? Is the cross border cooperation the best mean/way to achieve a clear impact in this field?

Do programme actors have the necessary power and competences to deliver the change in this field?

What is the cooperation experience among the stakeholders in this field?

What potential does the Programme have to influence the change in this field? With the money we have, can we deliver a visible and meaningful change?

ENI CBC Programming Document

Remains mainly based on populations of relevant NUTS III territories or equivalent;

Population of additional eligible territories (adjoining regions, major centres,…etc.) will not be counted;

Populations of eligible territories participating to more than 1 programme will be counted only once;

Implications of splitting trilateral programmes into bilateral ones not yet fully worked out;

Separate allocation for Sea Basin programmes => EEAS/COM consider some pro rata increase justified given needs and absorption capacity.

Budget allocation:

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III. ENI CBC IRs:

overall framework

III. ENI CBC IRs:

overall framework

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Underlying philosophy is to align as much as possible with ETC/IPA CBC instruments

New roles and responsibilities for all participating countries (including partner countries) Management mode: shared management as the

preferred option; Designation of the Managing Authority by the

hosting Member State; Financing Agreements: the Managing Authority

may/must be involved; Possibility to sign Memoranda of Understanding /

Bilateral Agreements.

What’s new?

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More flexibility in defining programme procedures (PRAG procedures are no more compulsory)

New tasks and increased responsibilities for all participating countries in the following areas:

Participating countries must reach an agreement on the management and control systems and describe them in the JOP (summary) and in the "DMCS" (full description)

Capacity-building process for partner countries

ManagementManagement ControlControl AuditAudit RecoveriesRecoveries

Role and responsibilities (1)

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Approval of the JOP by the EC

Approval of the JOP by the EC

Designation of the MA by the hosting

MS

Designation of the MA by the hosting

MS

Are based on this division of responsibilities and

on the proper setting of management and control systems (including audits) in all

participating countries

Role and responsibilities (2)

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From date of adoption until end 2024;

Pending entry into force of first Financing Agreement: Preparatory actions for launching progammes; Launch of calls for proposals with suspensive clause (only

in exceptional and duly justified cases).

If no Financing Agreement is signed: programme is terminated;

Deadline for contracting: end 2020;

Deadline for implementation: end 2022.

Programmes’ period of execution (1)

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Adoption of ENI CBC

legal framework

JOP submission

JOP Adoption by EC

submission date

+ 6 months (max)

MA designation

FA signatureN+1 rule from JOP adoption

31/12/2020 31/12/2022 31/12/2024

                                 

End 2014

         30/09/2024Final report submission

Eligibility of preparatory actions (DMCS drafting, preparation of

calls for proposals, JMC meetings, setting up JTS and BOs …)

   

   

       

 Contracting and selection phase

     

       

       

 

Implementation phaseProgramme closure

 

   

   

Period of execution

Programmes’ period of execution (2)

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IV. ENI CBC IRs:

grants and project beneficiaries

IV. ENI CBC IRs:

grants and project beneficiaries

Projects (1) Mainly funded through grants:

calls for proposals; direct award procedure:

exceptionally and in justified cases (monopoly, type of body);

list included in JOP (list is final for large infrastructure projects and only indicative for all other projects);

with prior EC approval.

Exceptionally, in the form of transfers to financial instruments*:

with prior EC approval; list included in JOP (list is final).

*Not possible yet, need to adjust the exisiting Neighbourhood financial instruments (i.e: NIF) to the CBC context; work is on-going within EC services.

Projects (2)

Large Infrastructure Projects (LIPs):

projects with an infrastructure component of at least 1M€;

selected via direct award and/or calls for proposals.

Final application for LIPs selected via direct award to be submitted to the EC no later than end 2017

Grants to LIPs together with transfers to Financial Instruments cannot exceed 30% of the Union contribution to a programme!

Projects (3)

Conditions for financing:

CBC impact and added value to EU strategies and programmes;

Integrated/Symmetrical/Single countries projects;

Implementation in the programme area,

BUT:possibility to finance projects partially implemented outside eligible area, if justified → up to max. 20% of Union contribution at programme level

MA responsible for preventing duplications.

Projects (4)

Selection procedure:

PRAG not anymore compulsory in case of shared management or indirect management with International Organizations;

Rules decided by the participating countries,

BUT compliance with the EU principles (transparency, equal treatment, objectivity, impartiality and confidentiality) will have to be ensured!

Projects (5)

Beneficiaries:In each project: at least one beneficiary from a Member State (MS) and at least one from an ENI partner country/ Russian Federation;

The participation of Turkish partners (IPA country) will be possible in projects involving at least one beneficiary from a MS and at least one from an ENI partner country/ Russian Federation

Conditions for participation:Natural or legal person;Established in the programme area

BUT: possibility to include beneficiaries from outside programme area, if justified

up to max. 20% of Union contribution at programme level

(cumulative with 20% rule for activities outside the programme area)

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Procurement under grant – main changes: Procurement procedures are laid down in ENI CBC

IR; Higher thresholds; Rules of nationality and origin and exclusion cases

set out in the draft Common Implementing Regulation for EU external action shall apply;

Possibility to apply beneficiary procedures for low value contracts.

Projects (6)

Projects (7)

Procurement under grant – the rule of origin:

Conditions Eligible countries

Contracts < EUR 60,000 Goods can originate from any country

Programmes managed in shared management

Countries eligible under Article 9 draft CIR** + countries eligible under the rules of the country hosting MA*

Joint co-financing by a participating country (Member State or third)

Countries eligible under Article 9 draft CIR + countries eligible under the rules of the co-financing country*

IPA co-financing IPA rules also apply (not broader than ENI)

*The additional eligibility rules must be an extension of EC rules.** Article 9: MS, ENI countries, Russia, EEA, IPA countries, developing

countries members of the OECD list, countries with reciprocal access.

Projects (8)

Procurement thresholds:

International tender

Local open tender

Competitive NegotiatedProcedure

Beneficiary's procedures

Negotiated Procedure

Services ≥ 300 000Restricted

N/A < 300 000 and ≥ 60 000

< 60 000 In exceptional cases

Supplies ≥ 300 000Open

< 300 000 and ≥ 100 000

< 100 000 and ≥ 60 000

Works ≥ 5 000 000Open

< 5 000 000 and ≥ 300 000

< 300 000 and ≥ 60 000

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Exceptions to the above procurement procedures

Entities that can apply their own procedures: International Organisations;"Contracting Authorities" in a Member State;Public authorities in a Partner Country*.

! However, the following rules must be respected: Rules on nationality and origin;General principles (e.g. transparency, fair competition, compliance with best international practice).

*If Financing Agreement so allows. Limited to programmes where a participating country transfers its co-financing to the Managing Authority.

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Financial support to thrid parties (sub-granting)

Conditions:Sub-grantees offer guarantees as regards recoveries;Conditions for such support are strictly defined in the contract: categories of entities; award criteria, criteria for determining amount, types of activities;Maximum amount < 60 000 EUR per third party, but it can exceed if it is the primary aim of the action.

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Thank you for your Thank you for your attention! attention!

INTERACT ENPI 

http://enpi.interact-eu.net/enpi