Law of 22 January 2014 laying down rules on the implementation of European regulations on financial contributions from the European Regional Development Fund (ERDF Implementing Law)
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that it is desirable to lay down rules on the implementation of regulations on the European Regional Development Fund;
It is true that we, the Department of Consultative Affairs of the Council of State, and with the mean consultations of the States-General, have found and understand the same as We approve and understand:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. Our Minister: Our Minister for Economic Affairs;
b. ERDF: European Regional Development Fund;
c. ERDF Regulation: Regulation of the European Parliament and of the Council of the European Communities on the ERDF pursuant to Articles 175, 177 or 178 of the Treaty on the Functioning of the European Union and a regulation or a decision of the European Economic Community on the European Union's Commission for the implementation of such a Regulation;
ed. program: programme drawn up in the framework of the implementation of an ERDF Regulation comprising the development strategy and implementation in a given area or for a specific sector;
e. cross-border programme: programme relating to an area which is partly outside the Netherlands;
f. programme period: the period for which a programme is drawn up in an ERDF regulation;
g. co-financing: financial resources made available by the State, a municipality, a province or another public body to co-finance the implementation of a programme;
h. project: a coherent set of activities to achieve the objective of a programme in accordance with the criteria set out in that Programme;
i. EGTC: European grouping for territorial cooperation as referred to in Regulation (EC) 1082/2006 from the European Parliament and the Council of the European Union of 5 July 2006 concerning a European grouping of territorial cooperation (PbEU L 210).
1 Municipalities, provinces, or other public bodies may conclude an agreement for cross-border cooperation with territorial communities or authorities of other States within the meaning of a cross-border programme. Article 2, second paragraph, of the European Framework Agreement on crossborder cooperation between territorial communities or authorities (Trb, adopted in Madrid on 21 May 1980). 1980, 129).
2 An agreement to cross-border cooperation shall comprise, outside the elements resulting from an ERDF regulation, at least arrangements for monitoring the implementation of the programme.
3 In the case of a general measure of administration, if an ERDF regulation so requires, it is possible to lay down detailed rules for the conclusion of an agreement to cross-border cooperation.
1 After making a request to the Minister, the Minister shall designate the authorities responsible for the implementation of the programme.
2 For designation as authority in a program, qualify a governing body of the Empire, of a province, of a municipality or of a public body as referred to in Article 8 of the Common Regulations Act .
3 For designation as an authority in the case of a cross-border programme, an EGTC body shall also be eligible.
4 An authority established in the Netherlands designated by Our Minister after the programme has been approved by the ERDF Regulation, in the programme and by the tasks and powers conferred on it by or under this Law.
5 Following the approval of the programme by the European Commission, Our Minister shall make known the appointment of the authorities to the Official Gazette and shall give notice of their duties.
6 If an authority does not perform its duties or is failing to do so insufficiently, our Minister shall draw up the designation and appoint another administrative body to carry out the duties of that authority. He shall not do so sooner than after the authority concerned has been given the opportunity to carry out its task properly within a time limit set by Our Minister.
7 Our Minister makes a decision as referred to in the sixth paragraph, first sentence, known in the Official Gazette.
1 In the case of a general measure of management, in so far as a proper implementation of an ERDF regulation requires, a statement of terms of reference may be made to the Article 3 Those authorities.
2 In the case of a general measure of management, in so far as a proper implementation of an ERDF regulation requires, rules on the relationship between the authorities and the relationship of the authorities with the European Commission may be laid down. These rules may also include data exchange.
1 If the need to do so derives from an ERDF regulation, our Minister may designate bodies or bodies which are not an authority within a programme but otherwise involved in the implementation of that Regulation or any other ERDF Regulation.
2 A body or a body referred to in paragraph 1 shall have the tasks and powers conferred by an ERDF regulation. Article 4, first paragraph , shall apply mutatis mutandis.
1 By way of a regulation of our Minister, for the purposes of the grant of subsidies, a programme may be subject to the following rules:
a. Eligibility of the cost of projects;
(b) the establishment of a subsidy fund or sub-ceilings and the powers of one or more authorities as referred to in Article 3 (2) of the EC Treaty; Article 3 ;
c. the activities for which a subsidy may be granted;
d. the criteria for eligibility for subsidy;
e. the amount of the grant or the way in which the amount is determined;
f. the conditions under which the grant is granted;
g. the application, as well as the manner in which data is supplied;
h. The obligations of the grant recipient;
(i) the determination of the subsidy;
j. payment of the grant and the granting of advances;
k. Withdrawal and modification of the grant or grant commitment;
(l) the financing of the project and the manner in which it is to be established;
m. the control and supervision of the implementation of a programme;
n. the procedure and time lag surrounding the decision-making on the subsidy application for the implementation of a programme.
2 The rules referred to in paragraph 1 shall, save as otherwise provided by an ERDF regulation, cover the resources to be provided by the ERDF, the co-financing to be provided for the State and other co-financing, to the extent that decided to do so by the municipality, province or public concerned.
1 Our Minister, one of our other Ministers, a municipal administration or a provincial administration may delegate his power to take decisions on the grant of subsidies to an authority as referred to in the second paragraph of this Article. Article 3 .
2 A decision to delegate as referred to in paragraph 1 shall determine the consequences of the repeal of that decision. It shall also lay down rules on the justification for the use of the delegated power.
3 With regard to the publication of a decision to delegate
Insofar as co-financing by the State is to be regarded as a specific benefit in the sense of Article 15a of the Financial Ratio Law , Article 15a, third paragraph, of that Act does not apply.
An authority as referred to in Article 3 lay down general principles concerning the exercise of its powers of grant, which it adopts in accordance with an ERDF Regulation in a policy rule.
1 To the extent that the subsidy is contrary to an ERDF regulation or any other obligation under a Treaty for the State, may, in so far as it may be Article 3 competent authority:
(a) refusal to grant aid;
b. To establish a subsidy lower than in accordance with the grant of the grant;
(c) revoke or amend a grant or grant aid scheme to the detriment of the recipient.
2 When fixing, withdrawing or amending, the amount of the subsidy amounts unduly paid shall be subject to payment of interest.
3 The revocation or amendment shall be returned to and including the time at which the grant was issued, unless otherwise provided for in the revocation or amendment.
4 The Articles 4:49, 3rd paragraph , and 4:57, 4th member, of the General Law governing law shall not apply to the adoption, revocation or amendment referred to in the first paragraph, where the relevant treaty obligation requires a subsequent revocation, amendment or recovery.
The monitoring of compliance with an ERDF regulation and of the rules laid down in or pursuant to this Act shall be subject to the rules laid down in the Decision of the European Parliament and of the Council of the European Union. Article 3 Designated authorities.
1 The in Article 11 the designation may involve persons working in another Member State of the EU in the context of the implementation of a cross-border programme.
2 A designation referred to in paragraph 1, together with the conditions governing control, operation and accountability, shall require the consent of the administrative body or body in the other Member State to which the person to be designated service is.
1 Our Minister can designate individuals who can take part in the monitoring and controls of officials of the European Commission on the implementation of programmes under an ERDF regulation.
2 Section 5.2 of the General Administrative Law Act shall apply mutatis mutandis to the persons designated under the first paragraph.
The persons to whom the exercise of supervision is assigned under a cross-border programme by an authority established abroad shall be the subject of the Articles 5:12 , 5:13 , 5:15 , 5:16 , 5:17 and 5:20 of the General Law governing law mutatis mutandis, to the extent that supervision is carried out in the Netherlands, except that where the designation concerns persons working in another EU Member State, the prior approval of Our Minister is required.
Our Minister can of the in Article 3 The authorities referred to in the Article 5 the bodies and bodies referred to above shall require all information and records of all information and documents where that is reasonably necessary for the performance of their tasks in the context of the implementation of an ERDF Regulation, or if it is not they must have the power to implement Article 59 of this Regulation. Regulation No 4. of the European Parliament and of the Council of the European Union of 25 October 2012 establishing the financial rules applicable to the general budget of the Union and repealing Regulation (EC, Euratom) No 1605/2002.
Our Minister may serve as an authority as intended Article 3 to carry out a reporting obligation on the basis of an ERDF Regulation.
As far as one in Article 3 on the basis of an ERDF Regulation reporting on the activities of another authority designated under Article 3, the latter authority shall be given the opportunity to submit the said authority for at least two weeks. provide its views on a draft of the reporting, unless a 's' right under an ERDF regulation is not possible.
By way of derogation from Article 3, second paragraph , for the period 2014-2020, it may be designated as an authority with a legal person governed by private law, having been designated as an authority prior to that programme period, in the context of the implementation of the ERDF regulations in force at that time.
1 The articles of that law shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts of such articles.
2 If the Official Gazette issued by the Royal Decree referred to in paragraph 1 is issued after 1 January 2014, that Decision may stipulate that the Official Journal of the European Union shall not be Article 3 shall operate at the latest until 1 January 2014.
This law is cited as: Implementation Act ERDF.
Burdens and orders that it will be placed in the Official Gazette and that all ministries, authorities, colleges and public servants who so far as to do so will keep their hands on the precise execution.
Wassenaar, 22 January 2014
The Secretary of State for Economic Affairs,
S.A.M. DijksmaPublished the seventh of February 2014
The Minister for Security and Justice,
I. W. Opstelten