Regulation (2014:1383) On The Management Of Eu Structural Funds

Original Language Title: Förordning (2014:1383) om förvaltning av EU:s strukturfonder

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2014:1383

1 Cape. Introductory provisions



section 1 of this Regulation shall apply to the management of the EU's

structural funds to implement programmes in the objective

Investing for growth and employment, and in the case

European territorial cooperation. The regulation sets out

provisions supplementing



1. European Parliament and Council Regulation (EU, Euratom) no

966/2012 of 25 October 2012 on financial rules for the

the general budget of the European Union and repealing Council

Regulation (EC, Euratom) No 1605/2002,



2. European Parliament and Council Regulation (EU) No 1303/2013

of 17 december 2013 on 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 sea-

and EFF, laying down general rules

on the European regional development fund, the European

Social Fund, the Cohesion Fund and the European marine and

Fisheries Fund and repealing Council Regulation (EC) no

1083/2006,



3. European Parliament and Council Regulation (EU) no 1301/2013

of 17 december 2013 on the European regional

Development Fund and on specific provisions for

Investing for growth and employment, and if

repealing Regulation (EC) No 1080/2006,



4. European Parliament and Council Regulation (EU) no 1304/2013

of 17 december 2013 on the European social fund and

repealing Council Regulation (EC) No 1081/2006,



5. European Parliament and Council Regulation (EU) No 1299/2013

of 17 december 2013 if special provisions for support

from the European regional development fund to target

European territorial cooperation,



6. Commission delegated Regulation (EU) no 480/2014 by

on 3 March 2014, supplementing the European Parliament and of the

Council Regulation (EU) No 1303/2013 establishing

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 marine and Fisheries Fund

and laying down general provisions on the European

Regional Development Fund, the European social fund,

The Cohesion Fund and the European marine and Fisheries Fund,

and



7. Act (2007:459) of Structural Fund partnership.



paragraph 2 of this regulation means



regional structural funds programmes: regional

structural funds programmes in the target investment for growth and

employment,



national regional funding programs: the national

regional funds programme within the target investment for growth

and employment,



national social fund program: the national

Social Fund programme in the target investment for growth and

employment,



territorial cooperation programmes: structural funds programmes in

the European territorial cooperation objective.



section 3 of the chapter 2. contains provisions relating to the management of

the regional structural funds programmes, the national

regional funding program and the national

Social Fund programme.



In Chapter 3. There are regulations governing the management of the

territorial cooperation programmes.



Chapter 2. Regional structural fund programmes, the national

regional funding program and the national

Social Fund programme



Organization



1 § tillväxtverket is the managing authority within the meaning of article

123.1 in European Parliament and Council Regulation (EU) no

1303/2013 for the regional structural funds programmes and the

national regional funds programme.



Tillväxtverket is also certifying authority referred to in article

123.2 in that regulation for the programmes.



section 2 of the Council for the European social fund in Sweden (Swedish

The ESF Council) is managing authority under article 123.1 in

European Parliament and Council Regulation (EU) No 1303/2013

for the national ESF programme.



Swedish ESF Council is also certifying authority under

Article 123.2 in the regulation for the national

Social Fund programme.



section 3 of the regional structural funds programmes will be

a joint monitoring Committee. For the national

regional funding program and the national

Social Fund programme there shall be a Supervisory Committee

for each program.



Chairman of the Supervisory Committee appointed by the Government.

The Government decides if the relevant authorities and other

Parties to be represented in the Monitoring Committee.

These will in turn appoint their representatives in a

the Monitoring Committee according to transparent procedures.



For decision by a Supervisory Committee requires unanimity.



4 § economic and regional growth (tillväxtverket) should assist the monitoring committees for the

regional structural fund programmes and the national

regional funding program and publish a list of

the respective Committee members.



Swedish ESF Council should assist the Monitoring Committee for the

national social fund program and publish a

list of the members of the Committee.



5 § the Swedish national financial management authority, audit authority in accordance with

Article 123(4) of Regulation (EU)

No 1303/2013 for the regional structural funds programmes, the

national regional funds programme and the national

Social Fund programme.



6 § 1 paragraph Act (2007:459) if

structural funds partnership follows to it, within the geographical

the area of each regional structural fund programmes and

corresponding regional action plan for the national

Social Fund programme to form a common

Structural Fund partnership.



Processing of payment files



section 7 issues of aid subject to the administrative authority for

the program.



An application for aid shall be submitted to the managing

authority. In the application, the applicant shall indicate how co-financing

will be arranged.



§ 8 The managing authority shall ensure that the application

aid that complies with the relevant

the structural funds programme and with the relevant Community law

and national regulations.



The managing authority should apply the relevant

selection criteria referred to in article 125.3 of the

European Parliament and Council Regulation (EU) No 1303/2013

and assess the projects that will contribute to the achievement of the

specific objectives and results in the areas of action.



section 9 in the case of applications within the regional

Structural Fund programmes and applications relating to regional

assigned funds within the national ESF programme

the managing authority of a basis for

priority to compile the projects approved under the

inspection and assessment arising out of section 8.



The dossier shall in particular selection criteria and assessment

of how projects comply with them appear.



The basis for the priority should be sent to

Structural Fund partnership in good time, but not later than four

weeks before the meeting of the partnership.



section 10 of the Chairman in the structural funds partnership calls to

meeting in agreement with the managing authority. The

Managing Authority shall prefer the basis for

priority in the face of Structural Fund partnership at

the sitting. Structural funds partnership gives off then

opinion on priority as closer is clear from

Act (2007:459) of Structural Fund partnership.



section 11 of the Structural Fund partnership's opinion on priority

require unanimity. Structural funds partnership may submit

opinion when the Chairman and at least half of the other

the members are present.



section 12 of the Structural Fund partnership's opinion on priority should

contain justifications regarding each individual application which has

rejected by the administrative authority.



section 13 structural funds partnership to establish a

rules of procedure. At the time of the adoption of the rules of procedure required

unanimity.



section 14 of the administrative authority's decision on the granting of

support shall include particulars relating to the provisions

applied and the circumstances which were decisive for

the end and enter the expected result of the project. In

where the application has been examined by structural fund partnership

even the partnership's motivation be included. The conditions

the decision is associated with as well as the project budget and

financing plan shall, in particular, indicated in the decision.



If there are several beneficiaries in a project, this will

indicate the order for support.



section 15, The managing authority shall in its decision granting

of support specify how spending on the project to be reported. The

to indicate which of the options set out in section 18 of the first

paragraph 6 for each type of expenditure.



A particular limitation as regards the selection of

Accounting options for projects within the national

Social Fund programme set out in article 14(4) of

European Parliament and Council Regulation (EU) no 1304/2013.



section 16 of the Aid may be paid only if the expenditure is

eligible under 18 to 39 sections. In other cases, the

administrative authority may decide not to pay out

the corresponding part of the aid.



section 17 of the administrative authority may, if there are special

reasons and after examination of the project's economic viability,

decide on the advance payment of the aid. Advances may be left with no more than

half of the aid granted, to a maximum of 400 000 kroons.



Eligibility of expenditure



Introductory provisions



section 18 of the expenses are eligible if they



1. were raised to implement the project,



2. are appropriate,



3. were raised during the project period as the managing

authority,



4. are in accordance with Community law and national

provisions,



5. meet the criteria specified in decision support, and



6. either the beneficiary can justify by copies of

invoices, accounting documents or other documents which have

posted in accordance with generally accepted accounting principles or meet

the requirements for simplified accounting options according to

what further evidenced by articles 67-69 and 109 in

European Parliament and Council Regulation (EU) No 1303/2013

or article 14 of European Parliament and Council regulation

(EU) no 1304/2013.



The provisions of sections 23 to 36 shall not apply to expenditure


the scope of such a simplified accounting option

referred to in the first subparagraph 6.



19 § if there are special reasons, an expense that does not

meets the requirements of section 18, first paragraph, (4) and (5)

still be eligible to a certain extent. the aid for expenditure

will be reduced in proportion to the nature and

seriously. The reduction shall at least correspond to the economic

loss of the public that the discrepancy may be carried out on the cause.



The assessment referred to in the first paragraph, the guidelines on

financial corrections which the European Commission

serve as a guide.



section 20 of the Projects will be carried out in a cost-effective manner.

Expenditure in the circumstances appear to be

unfair is not eligible in whole or in part.



A beneficiary who do not apply the law (2007:1091) if

public procurement Act (2007:1092) on procurement

in the areas of water, energy, transport and postal services

to purchase, rent and lease follow the principles laid down in

of Chapter 1. Article 9 of the law on public procurement.



section 21 Of article 65 of the European Parliament and Council regulation

(EU) No 1303/2013 follows that aid in some cases should be reduced

with the revenue that the project entails. Income or by

a project should in such cases, the current reported by

the beneficiary of the aid. Specific provisions relating to projects

generate net revenue after the end of the project

see article 61 of that regulation and in articles 15 to 19

the Commission delegated Regulation (EU) no 480/2014.



Some expenses may be eligible



section 22 the following expenditure may not be eligible:



1. financial expenses,



2. fines, penalty fees or court costs, and



3. expenditure relating to subcontracts, if



a) recourse to a subcontractor adds to the cost of

the project without adding proportionate value, or



(b)) expenditure of the subcontractor in the form of a

percentage of the total cost of the project.



Expenditure on gifts



section 23 of the expenditure on gifts are eligible up to a

amount of SEK 450 per gift and only when the associated

with marketing, communication, advertising or

information.



Expenditure on buildings



section 24 of Expenses for purchase of real estate is eligible if



1. expenditure does not exceed 10% of the total

eligible expenditure,



2. There is a direct link between the purchase and the purpose of

the project, and



3. the beneficiary proves that the purchase price does not exceed

the market value.



Expenditure for acquisition of vacant real estate for

environmental protection activities are eligible for support only if the purchase

has been previously approved by the administrative authority.

The property will be used for the intended purpose under the

period laid down in the authorisation. The property cannot

be used for agriculture.



If the property is built are the building does not have

granted to national or EU grants under the

last ten years.



Expenditure related to staff



section 25 staff should refer to the gross wage costs for

staff with the following type of employment with

beneficiary:

1. full-time employment,



2. part-time employment with a fixed proportion of working time per

month,



3. part-time employment with a variable number of working hours

per month, and



4. hourly pay.



section 26 of the expenditure on the remuneration of personnel who are not employed

by the beneficiary are eligible only if the fee

established in an agreement approved by the managing

authority or if the fee is shown by the law

Constitution.



section 27 of the following staff are eligible:



1. wages paid out in connection with activities

the beneficiary would not carry out if it were not for

the project, set out in a contract of employment,

employment contract or the employment decision (hereinafter referred to as

proof of employment) or in the law and

as far as the tasks listed in the job description

for the employee concerned,



2. other costs incurred by the employer and paid and

are directly related to pay and benefits, such as tax and

social contributions including pensions, provided that



a) they have been determined in an employment certificate, indicated by law

or relating to manpower care spirit

costs of smaller scope that should not be taxed as

income of the service of the staff member, and



(b)) they can not be recovered by the employer.



section 28 on personnel expenses shall be reimbursed on the basis of actual

costs, should these be substantiated by payroll specifications

be filed.



section 29 human resources for persons working part-time

the project should be calculated as



1. a fixed percentage of gross payroll expenses, in accordance

to a fixed proportion of working time devoted to the project, without

the obligation to introduce a separate time-recording system,

or



2. a varying percentage of gross payroll expenses, in accordance

with the number of hours devoted to the project

varies from month to month, based on a

time registration system that covers 100% of the

employee's work time.



section 30 of the part-time information under section 29 1 of the employer

issue a certificate for each employee and in the show the

percentage of time that the employee is to work on the project.



Part-time information under section 29 2, the replacement of

personnel expenses shall be calculated on the basis of an hourly wage that

fixed



1. the gross payroll expenses by month is divided by

the number of working hours per month as specified in

proof of employment, or



2. by the last documented

gross payroll expenses per year divided by 1 720 hours, in

accordance with article 68(2) of the European Parliament and the Council

Regulation (EU) No 1303/2013.



The hourly wage will be multiplied by the actual number of hours

spent on the project.



section 31 of the personnel costs for persons under

proof of employment are tim employees should be

eligible. The actual number of hours that persons

According to a time-recording system has been working on the project

will be multiplied by the hourly rate specified in

proof of employment.



Expenses for Office space, Office supplies and

Administration



section 32 the following expenses for Office space, Office supplies

and administration are eligible:



1. rent for Office space,



2. insurance charges and taxes for Office space and for

Office equipment,



3. Office supplies,



4. financial and payroll administration,



5. bank charges for accounts and cards,



6. archives,



7. maintenance, cleaning and repairs,



8. Security,



9. it systems,



10. electricity, gas, heat and water, and



11. communication.



Travel and accommodations



33 § the following travel and accommodation,

eligibility:



1. for travel, such as tickets, travel and car insurance,

fuel, mileage, tolls and parking fees,



2. for meals, if they are not covered by the subsistence allowance,



3. for accommodation,



4. for visa, and



5. for per diems.



Expenditure related to equipment, supplies and external premises



34 section Expenditure for the financing of equipment and materials

purchased, rented or leased by the beneficiary for carrying out

the project is eligible.



Even the hiring of external premises to carry out the project is

eligible.



If it is clear that the equipment purchased will be

have a value when the project ends, the managing

authority may decide that the expenditure is eligible only

to a certain extent. where equipment sold in connection with the

the project ends, to be deducted from income support.



section 35 without prejudice to section 34 applies to expenditure for purchases

of second-hand equipment is eligible only if



1. no other support for the equipment is received,



2. the price is competitive, and



3. the equipment has the technical properties needed for

the project and meet applicable codes and standards.



Expenditure on external expertise and services



36 § expenditure on external expertise and services for

to implement the project are eligible.



Application for aid under a financing instrument



37 § where aid is granted as a financing instrument in the

meaning of article 2 (p) of the European Parliament and of the

Council Regulation (EU, Euratom) no 966/2012, are 15-36 § §

apply only to the extent that the management

authority decides. This should be clear from the order for support.



Specific rules concerning eligible expenditure at

State aid



section 38 if a beneficiary receives State aid within the meaning of

referred to in article 2.13 of the European Parliament and the Council

Regulation (EU) No 1303/2013 and for which specific

provisions apply according to an established scheme, is

expenditure eligible for aid if they follow what is being said about the

eligible under the scheme.



What is said in the 18 to 21 sections also apply to such expenditure while

22-36 sections apply only to the extent set out in particular

in the scheme or otherwise in support thereof.



39 section if the beneficiary is a body responsible under

supports the decision to use structural funds to pay out

State aid under a special scheme as the

authority may apply to the Authority's payments

be eligible for assistance from the administrative authority as long as

as the payments have been made in accordance with the

the scheme.



What is said in the 18 to 21 sections also apply to expenditure under the first

paragraph.



Repeal of decision, the repayment obligation and

reporting



section 40 of the decision on aid has been taken due to inaccurate,

misleading or incomplete information provided by the applicant or

If he violated the terms of the aid, the

Managing Authority shall reverse the decision in whole or in part.



section 41 If an endorsement decision is repealed since the aid has been paid

as a result of the decision, or if a beneficiary for the rest

have received aid for expenditure that is not


eligible, the beneficiary is obliged to refund for

amount. The administrative authority shall require

the corresponding part of the aid be paid back. Repayment may

required within 10 years from the date on which the amount was paid.



If the amount to be reimbursed is less than 2 000 SEK,

the administrative authority may not recover

the aid.



42 § if the beneficiary is not entitled to the amount of aid

and this will be refunded should the interest be applied, in accordance with the interest Act

(1975:635). The administrative authority shall reduce

interest requirement if there are special reasons.



section 43 Is any repayment required under section 41, or guilty

to pay interest in accordance with section 42 may other support under this

Regulation be offset against the debt.



44 § The managing authority shall be responsible for

reporting of irregularities within the respective programmes in

accordance with article 122(2) of the European Parliament and of the Council

Regulation (EU) No 1303/2013.



A notification of the contents of the reports to be sent

to the Swedish national economic crimes Bureau and the Swedish national financial management authority.



Appeal



45 of 22 AOF the Administrative Procedure Act (1986:223) provides

on the appeal to the General Administrative Court. Other decisions

than decisions under 16, 40 and 43 § § may not be appealed.



Authorization



46 § managing authority may, within its area of responsibility

provide for the enforcement of this

Regulation.



3 Cape. Territorial cooperation programmes



Organization



1 § in the case of the Swedish authority managing

authority in accordance with article 123.1 of the European Parliament and of the

Council Regulation (EU) No 1303/2013 for territorial

cooperation programmes in the County Administrative Board of norrbotten County

is the managing authority for the programme North. The County Administrative Board of

Västerbotten County is the managing authority for the programme

Botnia-Atlantica, as well as Northern Periphery and the Arctic.

The County of jämtland is the managing authority for the

Programme Sweden-Norway. Tillväxtverket is managing

authority for the program Sound-Kattegat-Skagerrak.



The administrative authority is also certifying authority

According to article 123.2 in the regulation of the program.



section 2 of the Swedish national financial management authority, audit authority in accordance with

Article 123(4) of Regulation (EU)

No 1303/2013 for the territorial cooperation programmes in which the

administrative authority is a Swedish Government agency.



The Swedish national financial management authority to perform the tasks arising from

Article 25(2) of Regulation (EC) no

1299/2013 for the territorial cooperation programmes in which the

administrative authority is not a Swedish authority.



3 § for each territorial cooperation programmes as Sweden

participate in there should be a Monitoring Committee. Government

decide on the relevant authorities and other parties

should be represented in the Monitoring Committee. These will be in

turn designate their representatives on the Supervisory Committee

According to transparent procedures. Managing Authority shall

publish a list of each Committee

members.



where it is clear from paragraph 4 of the programming document that is to be set up

a Steering Committee for a program, should the Government decide which

authorities concerned and other parties to be represented

of the Steering Committee. These will in turn appoint their representatives in

the Steering Committee according to transparent procedures. Managing authority

to publish a list of the members of the Committee.



Management of and decisions in State aid cases



5 § questions about aid assessed by the administrative authority.

The application for aid is submitted to the administrative authority.



In cases where it is clear from the programming document application be filed

a joint secretariat for the programme concerned.



section 6 of Chapter 2. 8, 14-21 and 37-43 § § should apply

even within the territorial cooperation programmes.



Control



section 7 of the authorities referred to in article 1 are responsible for checking

of eligible under article 125(4) a of

European Parliament and Council Regulation (EU) No 1303/2013

in the applications for which each authority is managing

authority for.



section 8 Of the application in which the administrative authority is not a

Swedish Agency for economic and regional growth, to implement the control

referred to in article 23(4) of the European Parliament and of the Council

Regulation (EU) No 1299/2013 and draw up the certificate of

eligible as required to the managing

the authority shall pay the aid.



Tillväxtverket to otherwise assist the management

authority for questions about eligibility.



9 § The authority responsible for the controls under 7 or

section 8 also has to answer for the reporting of irregularities

is detected.



A notification of the contents of the reports to be sent

to the Swedish national economic crimes Bureau and the Swedish national financial management authority. In question

If such territorial programs where the administrative

authority is not a Swedish authority should such a

Intelligence also be sent to the administrative authority

and to the certifying authority.



Appeal



section 10 of the 22 AOF the Administrative Procedure Act (1986:223) provides

on the appeal to the General Administrative Court. Other decisions

than decisions relating to certificate referred to in section 8 and the decisions under Chapter 2.

16, 40 and 43 § § in conjunction with section 6 of this chapter may be

not subject to appeal.



Authorization



section 11 of The administrative authority may, within its area of responsibility

provide for the enforcement of this

Regulation.



2014:1383



1. This Regulation shall enter into force on 1 January 2015.



2. this regulation repeals Regulation (2007:14) if

management of the EU structural funds. The repealed Regulation

still, however, for matters relating to the programming period

2007-2013 and to complete the programme.

Regulation (1999:1424) on the management of the EC's

structural funds is still valid for matters relating to

the 2000-2006 programming period and to end the

the programme period.