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Official feed and food controls

Outline of the Community (European Union) legislation about Official feed and food controls

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Food safety > Animal nutrition

Official feed and food controls

Document or Iniciative

Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules. [See Amending Acts].

Summary

This Regulation is designed to fill in the loopholes in the existing legislation concerning the official control of food and feed thanks to a harmonised Community approach to the design and implementation of national control systems.

The purpose of this Regulation is:

to prevent or eliminate risks which may arise, either directly or via the environment, for human beings and animals, or reduce these risks to an acceptable level;
to guarantee fair practices as regards trade in food and feed and the protection of consumers’ interests, including labelling of food and feed and any other form of information intended for consumers.

Official controls are defined as “any form of control performed by the competent authority or by the Community for the verification of compliance with feed and food law, as well as animal health and animal welfare rules”.

This Regulation does not apply to official controls for the verification of compliance with the rules on common market organisations agricultural products.

OBLIGATIONS RELATING TO OFFICIAL CONTROLS

The basic principles related to responsibilities of the Member States’ authorities are already laid down in the Regulation (EC) No 178/2002, which lays down the general principles of food law. The present regulation describes in more detail how these principles must be interpreted and implemented.

The official controls carried out by the Member States must enable them to verify and ensure compliance with national and Community rules on feed and food. To this end, official controls must in principle be carried out at any stage of production, processing and distribution of feed and food. These controls are defined as a function of the identified risks, the experience and knowledge gained from previous controls, the reliability of the controls already carried out by the business operators concerned, and a suspicion of possible non-compliance.

Competent authorities

The Member States designate the competent authorities responsible for performing the official controls. These authorities must satisfy the operational criteria ensuring their effectiveness and their impartiality. They must also have the necessary equipment and suitably qualified staff (areas specified in Annex II) and have contingency pans. Internal or external audits may be carried out to ensure that the competent authorities are achieving the objectives of the Regulation.

When some of the controls are delegated to regional or local authorities, it is necessary to ensure effective cooperation between the central authority and these authorities.

The competent authority may delegate certain control tasks to non-governmental bodies provided these bodies meet the strictly defined conditions set out in this Regulation. Hence a procedure is therefore provided to define the tasks that can (or cannot) be delegated to such bodies. The adoption of coercive measures may not be delegated. The competent authority may proceed to audit or inspect the bodies to which the tasks have been delegated.

Transparency and confidentiality

The competent authorities must ensure that relevant information they hold is made available to the public, notably when there are reasonable grounds to suspect that food or feed may present a risk for human or animal health.

The staff of the competent authorities are required not to disclose information acquired when carrying out their control duties which by its nature is covered by professional secrecy.

Sampling and analysis

The methods of sampling and analysis used within the context of official controls must be fully validated in accordance with Community legislation or with internationally accepted protocols. These analysis methods must take into account the criteria set out in Annex III and must be implemented by laboratories approved to this end in compliance with the standards laid down by the European Committee for Standardisation (CEN).

Intervention plans

Contingency plans must be prepared which set out the measures to be implemented in the event of an emergency where feed or food have been found to pose a serious risk to humans or animals either directly or through the environment. These contingency plans specify the administrative authorities to be engaged together with their powers and responsibilities.

Controls on products from Non-EU Member Countries

This regulation supplements the provisions set out in Directive 97/78/EC concerning controls applicable to feed and food of animal origin. For example, it introduces the following principles for feed and food of non-animal origin:

regular official controls by the Member States of feed and food of non-animal origin imported into the European Union (EU). These controls can take place at any point of the distribution of the goods: before release for free circulation or afterwards, e.g. at the importer’s premises, during processing or at the point of retail sale. There shall in any way be a close co-operation between the customs services and the competent authority;
at Community level, a list of at-risk feed and food must be established and updated. Such feed and food must be presented at specially designated and equipped inspection posts for the carrying out of the necessary checks. These controls must be carried out at the point of entry in the EU before the goods are released for free circulation.
the possibility of carrying out official controls on feed and food originating in Non-EU Member Countries which enter into free zones and free warehouses or is placed in transit, customs warehousing, inward processing, processing under customs control or temporary admission.

The abovementioned controls include at least a documentary control, an identity control and, where relevant, a physical control.

In the case that non-compliance with the legislation is ascertained, the products may be seized or confiscated, and shall be destroyed, submitted to a special treatment, or re-dispatched outside the Community; the operator responsible for the consignment in question shall be liable for the costs incurred.

Specific pre-export checks performed by a Non-EU Member Country may be approved provided they satisfy the requirements of the Community or requirements which are at least equivalent. If such an approval is granted, the frequency of the controls carried out by the Member States may be adapted.

Financing of official controls

Member States must ensure that adequate financial resources are made available for official controls.

Inspection fees are imposed on feed and food business operators, common principles must be observed for setting the level of such fees and the methods and data used for the calculation of the fees must be published or otherwise made available to the public.

When official controls reveal non-compliance with feed and food law, the extra costs that result from more intensive controls must be borne by the feed and food business operator concerned.

Certification

This proposal provides for a procedure making it possible to specify the cases and conditions in which official certification must be granted.

Reference laboratories

A number of Community Reference Laboratories (CRLs) have been established (Annex VII) under Community legislation in force. They may be entitled to EU financial support and are responsible for:

providing national reference laboratories with details of analytical methods;
organising comparative testing, coordinating within their area of competence the practical and scientific activities necessary for developing new analytical methods;
conducting training courses;
providing scientific and technical assistance to the Commission.

For each CRL, Member States must ensure that one or more national reference laboratories are designated. These function as the point of communication between the CRL and all the official laboratories in the Member States.

ADMINISTRATIVE MEASURES

Assistance and cooperation

When the official controls require action by more than one Member State, the competent authorities must afford each other administrative assistance. This assistance may involve active cooperation, including participation in on-the-spot controls carried out by experts from one Member State in another Member State.

Each Member State must designate a single liaison body whose role is to assist and coordinate the communication, transmission and reception of requests for assistance. Where it receives a reasoned request (existence of a serious risk), the liaison body contacts the authorities concerned and ensures that the requesting authority is provided with all necessary information and documents enabling the latter to verify compliance with the law.

When the competent authority of a Member State receives information from a Non-EU Member Country, that authority must pass that information on to the competent authorities of the Member State which might be interested in it.

Administrative assistance applies to the exchange of all information, except that which cannot be released because of it being the subject of legal proceedings or because it may adversely affect the commercial interests of natural or legal persons.

National Control Plans

The Member States must prepare an integrated multi-annual national control plan. This plan, whose implementation must begin by 1 January 2007 at the latest, sets out the national control system and activities in a global and comprehensive way. The plan will have to be developed along the lines that are contained in guidelines to be established by the Commission in consultation with the Member States.

One year after starting the implementation of the national control plans, and subsequently every year, the Member States must submit to the Commission a report indicating an update of their initial control plan. The Commission must establish a general report on the overall operation of the official control systems on the basis of the national reports and the results of the audits which it has carried out. It passes this report on to the European Parliament and the Council and publishes it.

Community controls in the Member States

Until now, Community controls in the Member States were organised in function of the mandates the Commission has in the different sectoral Directives.. The creation of a single legal basis with this Regulation and the establishment of control plans will allow the EU control services to perform a general audit of the Member States’ control systems globally. If needed, these inspections and national audits performed by the Commission’s Food and Veterinary Office (FVO) can be supplemented by more specific audits and inspections for a particular sector or problem. For each control carried out, the Commission establishes a report on its findings and, where appropriate, this report contains recommendations which must be followed up by the Member States.

This Regulation also provides that Commission experts may carry out controls in Non-EU Member Countries and require that these countries have control plans comparable with those of the Member States in respect of the products they export to the European Union. These plans must be technically and economically feasible taking account of specific situation of the Non-EU Member Country as well as the nature of the products exported to the Community.

Non-EU Member Country controls in Member States

Non-EU Member Countries which wish to export goods to the EU must provide the Commission with information on the organisation and general management of their health surveillance systems. If this information is not satisfactory, provisional measures may be taken by the Commission after consulting the country concerned.

The Commission must take account of the lists drawn up pursuant to Regulation (EC) No 854/2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption. For other types of products the Commission may eventually draw up comparable lists or adopt other measures (certificates, special import conditions, etc.).

Training of control officials

There must be a Community framework for training control staff in the Member States in order to ensure a uniform level of the decisions taken by such staff Hence the Commission may organise training courses relating to legislation, control measures and techniques, the manufacture, processing and marketing of food and feed.

Non-EU Member Country controls in the Member States

The authorities of Non-EU Member Countries may organise controls in the Member States, accompanied where appropriate by representatives of the FVO, who can assist Member States by providing information and data that are available at Community level and that may be useful in the context of the Non-EU Member Country control carried out.

National enforcement measures

Where non-compliance is ascertained during official controls, the competent authority concerned must take appropriate measures taking into account the nature of the non-compliance and that operator’s past record with regard to non-compliance. This may involve administrative measures (withdrawal from the market or destruction of a product, closure of a business or suspension of an establishment’s approved status, etc.) or penalties. These penalties must be effective, proportionate and dissuasive.

Community enforcement measures

This regulation adds a new dimension to the safeguard measures provided for in Regulation (EC) No 178/2002, hence allowing the Commission to take measures when there is proof that a Member State’s control system is inadequate. These may include the suspension of the placing on the market of certain feed or foodstuffs or the laying down of special conditions for certain feed or foodstuffs. These measures are taken if Community controls have shown non-compliance with Community legislation and the Member State concerned has failed to correct the situation upon request and within the time limit set by the Commission.

BACKGROUND

In January 2000 the Commission presented a complete overhaul of the legislation concerning food hygiene and veterinary issues. The overhaul contained four proposals, on the following subjects:

food hygiene;
the rules related to hygiene for food of animal origin;
official controls on products of animal origin intended for human consumption;
animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption ;
official controls of food and feed, which are the subject of this information sheet.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 882/2004	20.05.2004	–	OJ L 165 of 30.04.2004

Regulation (EC) No 1162/2009 [Official Journal L 314 of 1.12.2009].
Regulation (EC) No 1162/2009 grants additional time to laboratories located in slaughterhouses carrying out official testing for Trichinella to obtain full accreditation. The granting of the exception is subject to compliance with certain conditions. In particular, the laboratories in question must demonstrate that they have taken steps in view of their accreditation and offer satisfactory guarantees regarding the quality of the analyses they carry out.

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1029/2008	10.11.2008	–	OJ L 278 of 21.10.2008
Regulation (EC) No 596/2009	7.8.2009	–	OJ L 188 of 18.7.2009

Amending act(s)

Entry into force

Deadline for transposition in the Member States

Official Journal

Regulation (EC) No 1029/2008

10.11.2008

–

OJ L 278 of 21.10.2008

Regulation (EC) No

596/2009

7.8.2009

–

OJ L 188 of 18.7.2009

The successive amendments and corrections to Regulation (EC) No 882/2004 have been incorporated into the original text. This consolidated versionis of documentary value only.

Related Acts

Commission Decision 2009/821/EC of 28 September 2009 drawing up a list of approved border inspection posts, laying down certain rules on the inspections carried out by Commission veterinary experts and laying down the veterinary units in Traces [Official Journal L 296 of 12.11.2009].
See consolidated version

Commission Regulation (EC) No 669/2009 of 24 July 2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC [Official Journal L 194 of 25.7.2009].
See consolidated version

Rail infrastructure: multi-annual contracts

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Rail infrastructure: multi-annual contracts

Outline of the Community (European Union) legislation about Rail infrastructure: multi-annual contracts

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Rail transport

Rail infrastructure: multi-annual contracts

Document or Iniciative

Communication from the Commission to the Council and the European Parliament of 6 February 2008 entitled “Multi-annual contracts for rail infrastructure quality” [COM (2008) 54 final – not published in the Official Journal].

Summary

The Commission recommends extending the system of multi-annual contracts between the State and the rail infrastructure management to improve the quality and maintenance of infrastructures in this sector.

Legal framework and legal requirements regarding the rail infrastructure

Current EU legislation requires defining measures to reduce the costs of infrastructure provision and of charges for their use, taking account of safety and maintaining the quality of the infrastructure service. Nevertheless, there are no obligations at European level for monitoring infrastructure service.

Member States may choose to meet this obligation by way of regulatory measures and/or contractual agreements known as multi-annual contracts, concluded for a minimum period of three years. The situation regarding multi-annual contracts varies widely between the Member States. In fact half of all Member States do not use them, nor are they considering using them.

Apart from these rules, EU rail directives set out other provisions which may be helpful in terms of implementation, namely:

Member States must take the necessary measures to develop their national infrastructure;
Infrastructure managers’ expenditure and revenue must balance over a reasonable period of time.

Other particular provisions apply regarding validity and transparency of financial transfers from the State, taking account of the requirement for management independence on the part of the infrastructure manager and the economic nature of its activities.

The role of multi-annual contracts

The availability and the quality of the infrastructure have a strong impact on the competitiveness of the rail sector. However, maintenance of infrastructure does not always gain the finance that railway operators expect to enable them to compete with other modes of transport. Almost one third of managers state that the finance available to them is not sufficient to maintain their network.

If properly negotiated and prepared, a multi-annual contract can bring many advantages. More particularly, its role is to:

Provide a long-term financing framework for maintenance forcing both parties to take a long-term view and develop maintenance programmes on the basis of future service demand. In fact, it is important that the rail infrastructure corresponds with future transport demand structures in order to boost traffic and revenues. These contracts also permit trade-offs between taxpayers’ and users’ interests, between maintenance and quality of the network, and between short-term maintenance and renewal;
Complementing the charging system by transfers made within the framework of these contracts so as to ensure financial stability. A multi-annual contract has to be consistent with the charging framework, which has to comply with the existing charging rules;
Enable effective cost control by long-term planning of rail maintenance to reduce unit costs. This procedure enables the volume of work to be adapted without changing plans at the last minute. With a multi-annual allocation, the manager can actually make use of funds in a more flexible manner which is thus better suited to business needs, rather than according to the rigid rules of public spending;
Enable benchmarking and regulatory supervision by setting performance targets more effectively. In fact, setting more precise performance targets makes it easier to gauge the relative positions of infrastructure managers and to define cost effectiveness in terms of a national infrastructure manager’s cost elements and their performance in comparison with other managers;
Improve performance based on performance-related payments and not on compensating the infrastructure manager for a particular expenditure as well as reinforcing quality control. Quality criteria can be divided into two categories: Indicators based on the quality of the train service (speed, safety) and indicators based on infrastructure provision (maintenance costs per km of track, percentage of lines under temporary speed restrictions);
Secure the effectiveness of contractual agreements providing for, for example, sanctions applicable in cases of non-compliance. The monitoring process should be undertaken by an independent body rather than by the two contracting parties. Sanctions may consist of penalties (fines), reduced financial input or even a replacement of infrastructure managers and need to be progressive and in proportion with the infringement.

Member States and their infrastructure managers should conclude multi-annual contracts which comply with the national strategic transport plan and with the infrastructure managers’ business plans. The State should consult stakeholders on any proposal for multi-annual contracts before entering into a new contract or renegotiating existing provisions.

Infrastructure managers should check track condition at least once a year on all their lines and more frequently on main lines, and should indicate cases where infrastructure quality is considered to be substandard.

Background

Some years after the adoption of the rail infrastructure package, consultations conducted by the Commission revealed concerns in the areas of sustainable financing of the existing infrastructure, the quality of infrastructure service and how to improve the performance of infrastructure managers.

General provisions ERDF – ESF – Cohesion Fund

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General provisions ERDF – ESF – Cohesion Fund

Outline of the Community (European Union) legislation about General provisions ERDF – ESF – Cohesion Fund

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Agriculture > General framework

General provisions ERDF – ESF – Cohesion Fund (2007-2013)

Document or Iniciative

Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 [See amending acts].

Summary

The aim of the Regulation is to strengthen economic and social cohesion in order to promote the harmonious, balanced and sustainable development of the European Union (EU) regions for the period 2007-2013. European cohesion policy aims to respond to the challenges linked to economic, social and territorial inequalities, the acceleration of economic restructuring and the ageing of the population.

This Regulation:

defines the context for cohesion policy (including the Community strategic guidelines for cohesion, growth and employment);
defines the objectives to which the Structural Funds and the Cohesion Fund (hereinafter referred to as “the Funds”) are to contribute;
defines the criteria Member States and regions must meet to be eligible for the Funds;
defines the financial resources available and the criteria for allocating them;
defines the principles and lays down the rules on partnership, programming, evaluation, management, monitoring and inspection on the basis of responsibilities shared between the Member States and the Commission.

THREE NEW OBJECTIVES

A total of EUR 308.041 billion will be allocated to financing regional policy between 2007 and 2013 to work towards the three new objectives: Convergence, Regional Competitiveness and Employment and Territorial Cooperation. These objectives will supersede the former Objectives 1, 2 and 3 for the 2000-2006 programming period.

Convergence

The Convergence objective is quite close to the previous “Objective 1”. It aims to help the least-developed Member States and regions catch up more quickly with the EU average by improving conditions for growth and employment. It covers the Member States and regions whose development is lagging behind. The fields of action will be physical and human capital, innovation, knowledge-based society, adaptability to change, the environment and administrative effectiveness. It will be financed by the European Regional Development Fund (ERDF), the European Social Fund (ESF) and the Cohesion Fund.

The total resources allocated to this objective are EUR 251.163 billion, equivalent to 81.54 % of the total. The following are eligible:

for the Structural Funds (ERDF and ESF):
1. regions where per capita GDP is below 75 % of the European average. They must be at NUTS II level. They will receive 70.51 % of the funds allocated for this objective;
2. regions where per capita GDP has risen above 75 % of the European average (due to the statistical effect of EU enlargement including more deprived regions) will benefit from transitional, specific and degressive financing. They will receive 4.99 % of the total allocation;
for the Cohesion Fund: Member States whose per capita Gross National Income (GNI) is below 90 % of the European average and which are running economic convergence programmes. They will receive 23.22 % of the resources allocated for this objective. Regions where per capita GNI has risen to above 90 % of the European average (due to the statistical effect of EU enlargement including more deprived regions) will benefit from transitional, specific and degressive financing;
for specific financing from the ERDF: the outermost regions. The aim is to facilitate their integration into the internal market and to take account of their specific constraints (such as compensation for excess costs due to their remote location).

For this objective, the following ceilings apply to co-financing rates:

75 % of public expenditure co-financed by the ERDF or the ESF. The ceiling can be raised to 80 % where the eligible regions are located in a Member State covered by the Cohesion Fund, and even to 85 % in the case of the outermost regions;
85 % of public expenditure co-financed by the Cohesion Fund;
50 % of public expenditure co-financed in the outermost regions (a new additional allocation from the ERDF to compensate for excess costs).

Regional Competitiveness and Employment

The Regional Competitiveness and Employment objective aims to strengthen the competitiveness, employment and attractiveness of regions other than those which are the most disadvantaged. It must help to anticipate economic and social changes, promote innovation, entrepreneurship, protection of the environment, accessibility, adaptability and the development of inclusive labour markets. It will be financed by the ERDF and the ESF.

The eligible regions are:

regions which fell under Objective 1 during the period 2000-06, which no longer meet the regional eligibility criteria of the Convergence objective, and which consequently benefit from transitional support. The Commission will produce a list of these regions. Once adopted, the list will be valid from 2007 to 2013;
all other EU regions not covered by the Convergence objective.

With regard to the programmes financed by the ESF, the Commission proposes four priorities within the European Employment Strategy (EES): to improve the adaptability of workers and businesses, to increase social inclusion, to improve access to employment and to implement reforms in the fields of employment and inclusion.

The resources intended for this objective total EUR 49.13 billion, equivalent to 15.95 % of the total and divided equally between the ERDF and the ESF. Of this amount:

78.86 % is intended for the regions not covered by the Convergence objective.
21.14 % is earmarked for transitional degressive support.

Under this objective, measures can be co-financed up to 50 % of public expenditure. The ceiling is 85 % for the outermost regions.

European Territorial Cooperation

The European Territorial Cooperation objective aims to strengthen cross-border, transnational and inter-regional cooperation. It is based on the old European INTERREG initiative and will be financed by the ERDF. It aims to promote common solutions for neighbouring authorities in the fields of urban, rural and coastal development, the development of economic relations and the creation of networks of small and medium-sized enterprises (SMEs). Cooperation will be based around research, development, information society, the environment, risk prevention and integrated water management.

13 Regions eligible for funding are those regions at NUTS III level which are situated along internal land borders, certain external land borders and certain regions situated along maritime borders separated by a maximum of 150 km. The Commission will adopt a list of eligible regions.

In the case of networks of cooperation and exchange of experience, the entire EU territory is eligible. The ceiling for co-financing is 75 % of public expenditure.

The resources intended for this objective total EUR 7.75 billion, equivalent to 2.52 % of the total, fully covered by the ERDF. This amount will be distributed between the different components as follows:

73.86 % for financing cross-border cooperation;
20.95 % for financing transnational cooperation;
5.19 % for financing interregional cooperation.

PROVISIONS SPECIFIC TO THE THREE OBJECTIVES

Principles of operation

The Funds will provide assistance which complements national action, including action at regional and local levels. The Commission and the Member States will ensure that assistance from the Funds is consistent with the activities, policies and priorities of the EU and complementary to other European financial instruments.

The objectives of the Funds will be pursued according to multiannual programming and close cooperation between the Commission and each Member State.

Strategic approach

The Council adopts the Community strategic guidelines for Cohesion before 1 January 2007. These guidelines define the priorities and objectives of the cohesion policy for the period 2007-2013. They therefore contribute to the coherent and effective implementation of the structural funds

Based on these guidelines, Member States then adopt a national strategic reference framework. This framework therefore serves as the base for programming actions financed by the Funds. It ensures the that interventions of the funds are in-line with the strategic guidelines.

Operational programmes

The Member States’ operational programmes are to cover the period from 1 January 2007 to 31 December 2013.Operational programmes deal with only one of the three objectives and receive financing from a single Fund. The Commission appraises each programme proposed to determine whether it contributes to the objectives and priorities of:

the national strategic reference framework;
the Community strategic guidelines on cohesion.

Operational programmes relating to the Convergence and Regional Competitiveness and Employment objectives must include:

justification for the priorities in view of the strategic guidelines on cohesion and the national strategic reference framework;
information on the priority areas and their specific objectives;
a financing plan;
the implementing provisions for the operational programme;
a list of major projects linked to an operation comprising a set of works, activities or services whose total cost exceeds EUR 25 million in the case of the environment and EUR 50 million in the other fields.

Management, monitoring and inspections

Member States will be responsible for the management and control of operational programmes. They will ensure that the management and control systems are set up in accordance with the provisions of this Regulation. They will also prevent, detect and correct irregularities and recover amounts unduly paid.

The management and control systems of operational programmes set up by Member States will provide for:

the definition of the functions of the bodies involved in management and control;
compliance with the principle of separation of functions between these bodies;
procedures for ensuring the correctness and regularity of expenditure declared under the operational programme;
reliable accounting, monitoring and financial reporting systems;
a system of reporting and monitoring where the responsible body entrusts the execution of tasks to another body;
arrangements for auditing the functioning of the systems;
systems and procedures to ensure an adequate audit trail;
reporting and monitoring procedures for irregularities and the recovery of amounts unduly paid.

For each operational programme, the Member State will designate the following:

a managing authority (a national, regional or local public authority or a public or private body which manages the operational programme);
a certifying authority (a national, regional or local public authority or body which certifies statements of expenditure and applications for payment before they are sent to the Commission);
an audit authority (a national, regional or local public authority or body designated for each operational programme and responsible for verifying the effective functioning of the management and control system).

Information and publicity

The Member States and the managing authority for the operational programme will provide information on and publicise operations and programmes which receive co-financing. The information will be addressed to EU citizens and the beneficiaries, with the aim of highlighting the role of the Community and ensuring that assistance from the Funds is transparent.

BACKGROUND

The other provisions on cohesion policy for the period 2007-2013 are set out in the four specific regulations on:

the European Regional Development Fund (ERDF);
the European Social Fund (ESF);
the Cohesion Fund;
the European grouping of cross-border cooperation (EGCC).

Politically speaking, the financial basis of the cohesion policy for 2007-2013 is the Interinstitutional Agreement and the Financial Framework for 2007-2013.

SUMMARY TABLE

Objectives	Financial instruments
Convergence	ERDF
ESF
Cohesion funds
Regional competitiveness and employment	ERDF
ESF
European territorial cooperation	ERDF

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1083/2006	1.8.2006	–	OJ L 210 of 31.7.2006

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1341/2008	24.12.2008	–	OJ L 348 of 24.12.2008
Regulation (EC) No 85/2009	30.1.2009	–	OJ L 25 of 29.1.2009
Regulation (EC) No 284/2009	9.4.2009	–	OJ L 94 of 8.4.2009
Regulation (EU) No 539/2010	25.6.2010	–	OJ L 158 of 24.6.2010
Regulation (EU) No 1310/2011	23.12.2011	–	OJ L 337 of 20.12.2011
Regulation (EU) No 1311/2011	20.12.2011	–	OJ L 337 of 20.12.2011
Regulation (EU) No 423/2012	23.5.2012	–	OJ L 133 of 23.5.2012

Subsequent amendments and corrections to Regulation No 1083/2006 have been incorporated into the basic text. This consolidated versionis for reference purposes only.

Related Acts

Commission Decision 2010/802/EU of 21 December 2010 exempting certain cases of irregularity arising from operations co-financed by the Structural Funds and by the Cohesion Fund for the 2000-2006 programming period from the special reporting requirements laid down by Article 5(2) of Regulation (EC) No 1681/94 and by Article 5(2) of Regulation (EC) No 1831/94 [Official Journal L 341 of 23.12.2010].

Commission Decision 2007/766/EC of 14 November 2007 drawing up the list of regions and areas eligible for financing under the Cross-border Cooperation Component of the Instrument for Pre-accession Assistance for the purpose of cross-border cooperation between Member States and beneficiary countries for the period 2007 to 2013 [Official Journal L 310 of 28.11.2007].

Commission Decision 2006/769/EC of 31 October 2006 drawing up the list of regions and areas eligible for funding from the European Regional Development Fund under the cross-border and transnational strands of the European Territorial Cooperation objective for the period 2007 to 2013 [Official Journal L 312 of 11.11.2006].

Commission Decision 2006/597/EC of 4 August 2006 drawing up the list of regions eligible for funding from the Structural Funds on a transitional and specific basis under the Regional Competitiveness and Employment objective for the period 2007-2013 [Official Journal L 243 of 6.9.2006].

Commission Decision 2006/596/EC of 4 August 2006 drawing up the list of regions eligible for funding from the Cohesion Fund for the period 2007-2013 [Official Journal L 243 of 6.9.2006].

Commission Decision 2006/595/EC of 4 August 2006 drawing up the list of regions eligible for funding from the Structural Funds under the Convergence objective for the period 2007-2013 [Official Journal L 243 of 6.9.2006].

Financing instrument for cooperation with industrialised and other high-income countries and territories

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Financing instrument for cooperation with industrialised and other high-income countries and territories

Outline of the Community (European Union) legislation about Financing instrument for cooperation with industrialised and other high-income countries and territories

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Relations with third countries > Asia

Financing instrument for cooperation with industrialised and other high-income countries and territories (2007-2013)

Document or Iniciative

Council Regulation (EC) No 1934/2006 of 21 December 2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories

Summary

For the past decade, the European Union (EU) has been strengthening its bilateral relations with industrialised and other high-income countries and territories, especially in North America, East Asia, South-East Asia and the Gulf region.

This Regulation aims to further strengthen the EU’s relations with these countries, thereby consolidating multilateral institutions, contributing to balance and development of the world economy and the international system, and strengthening the EU’s role and place in the world.

Furthermore, these relations have developed to embrace a widening array of subjects. Nevertheless, they could be further deepened in areas in which the EU and the industrialised and other high-income countries and territories have mutual interests. This necessity was recognised by the EU and these countries. In this context, the financing instrument for cooperation for the period 2007-2013 aims to consolidate cooperation between the EU and the partner countries.

Nature of the financing instrument for cooperation

This instrument supports all forms of cooperation with industrialised and other high-income countries and territories for which the EU is competent, whether bilateral, regional or multilateral. It focuses in particular on economic, financial and technical cooperation. The objective of the instrument is primarily:

the promotion of cooperation, partnerships and joint undertakings between economic, academic and scientific actors of both parties;
the stimulation of bilateral trade, investment flows and economic partnerships;
the promotion of dialogues between political, economic and social actors of both parties;
the promotion of people-to-people links, education and training programmes;
the promotion of cooperative projects in areas such as research, science and technology, energy, transport and environmental matters and any other matter of mutual interest between the Community and the partner countries;
the enhancement of awareness about and understanding of the EU and of its visibility in partner countries.

This instrument also seeks to promote, through dialogue and cooperation, commitment in partner countries to the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, on which the EU is founded.

It should in this way foster a more favourable environment for the development of the relations between the EU and the countries concerned and promote dialogue.

The instrument covers industrialised and other high-income countries and territories which share similar political, economic and institutional structures and values to the EU. The relations between these countries and the EU are already important. In addition, these countries are often key players in multilateral bodies.

The countries concerned are Australia, Bahrain, Brunei, Canada, Chinese Taipei, Hong Kong, Japan, the Republic of Korea, Kuwait, Macao, New Zealand, Oman, Qatar, Saudi Arabia, Singapore, the United Arab Emirates and the United States. The list of these countries, which is set out in the Annex to the Regulation, may be amended, in particular on the basis of the changes made by the OECD Development Assistance Committee to its own list.

Nevertheless, in order to foster regional cooperation, countries not listed in the Annex may also benefit from financing under this Regulation where the operation concerned is of a regional or cross-border nature.

The implementation of the instrument must also be coherent with the external action of the EU.

Management and implementation

The financing instrument for cooperation is based on multiannual cooperation programmes, which set out the Community’s strategic interests and priorities, the general objectives and the expected results. They also set out the areas to receive financing by the Community and the indicative financial allocation of funds for the priority areas and partner countries. These programmes may not exceed the period of validity of this Regulation and are reviewed at mid-term or ad hoc, if necessary.

Annual action programmes are adopted by the Commission based on multiannual cooperation programmes. The annual action programmes define the objectives pursued, the fields of intervention, the expected results, the management procedures and the total amount of financing planned. They also describe the operations to be financed and indicate the amounts allocated.

The entities eligible for funding include the following:

partner countries and their regions, institutions and decentralised bodies;
international and regional organisations, if they contribute to the objectives of this Regulation;
joint bodies set up by the partner countries and regions and the Community;
EU agencies.

The aid granted under the instrument may take the following forms:

grant agreements, including scholarships;
procurement contracts;
employment contracts;
financing agreements.

The cooperation programmes will be financed by the general budget of the EU, either in totality or in the form of co-financing. This co-financing can be undertaken in particular with the following entities:

Member States, their regional and local authorities and their public and parastatal agencies;
partner countries and their public and parastatal agencies;
international and regional organisations, including international and regional financial institutions;
companies, firms, other private organisations and businesses;
partner countries in receipt of funding and other bodies eligible for funding.

The management of this instrument must meet the requirements of the protection of the Community’s financial interests. For this purpose, the Commission and the Court of Auditors may perform ex-ante and ex-post document audits or on-the-spot audits of any contractor or subcontractor who has received Community funds.

The Commission performs regular evaluations of the programmes financed and formulates recommendations with a view to improving future operations. It also presents an annual report, describing the results of the implementation of the budget and the actions and programmes financed and their outcomes, to the European Parliament and the Council.

The Commission will submit a report covering the first three years of the implementation not later than 31 December 2010. Amendments are to be proposed to this Regulation, if necessary.

The Commission is assisted in its work by a committee.

The instrument is allocated a budget of EUR 172 million for the period 2007-2013.

This Regulation repeals Regulation (EC) No 382/2001 concerning the implementation of projects promoting cooperation and commercial relations between the EU and the industrialised countries of North America, the Far East and Australasia.

References

Act	Entry into force – Date of expiry	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1934/2006 [adoption : CNS/2006/0807]	31.12.2006 – 31.12.2013	–	JO L 405, 30.12.2006

General framework

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General framework

Outline of the Community (European Union) legislation about General framework

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Agriculture > General framework

General framework

There are two main elements to the common agricultural policy (CAP): helping European farmers to be competitive and promoting development in rural areas, particularly in the least-favoured regions. With this in mind, the financing available to farmers has changed, increasingly focusing on environmental protection and on the quality, rather than quantity, of production. The EU has also made a greater commitment to rural development through a single financial instrument which promotes agriculture and forestry and all types of rural activity. Control and monitoring systems also play a key role in the management of these measures, whilst ensuring the proper conduct of operations and the development of the agricultural sector within the Union.

FINANCING

Financial framework

A budget for Europe (2014-2020)
Interinstitutional Agreement on cooperation in budgetary matters
Towards a new financial framework 2007-2013
Financing the common agricultural policy
Scrutiny of expenditure under the European Agricultural Guarantee Fund (EAGF)
Recovery and information system for money wrongly paid in connection with the financing of the common agricultural policy
Community system for the identification of certain beneficiaries of transactions financed by the EAGGF Guarantee Section

Rural development

European Union strategic guidelines for rural development
European Agricultural Fund for Rural Development (EAFRD)
Access for rural areas to ICTs
Employment in rural areas: closing the jobs gap
2000-06: support for rural development within the framework of the European Agricultural Guidance and Guarantee Fund (EAGGF)
The financing of the common agricultural policy (CAP)

Direct support schemes

Single Farm Payment
Mediterranean package
Risk and crisis management in agriculture
Reform of the common agricultural policy (CAP)

STRUCTURAL ACTIONS

2007-2013

General provisions ERDF – ESF – Cohesion Fund (2007-2013)
European Regional Development Fund (ERDF) (2007-2013)
The European Social Fund (2007-2013)
European grouping of territorial cooperation (EGTC)
Cohesion Fund (2007-2013)
Rules for the application of the European Regional Development Fund (ERDF), the European Social Fund (ESF) and the Cohesion Fund (2007-2013)

Disadvantaged regions

Specific measures for the outermost regions
Specific measures in favour of the smaller Aegean islands

COMPETITION

Application of certain EU competition rules to agricultural products
State aid in the agriculture sector

INFORMATION AND STATISTICS

Simplifying the CAP

The CAP towards 2020
A simplified CAP for Europe
Health Check of the CAP reform
Simplification and better regulation for the common agricultural policy

Better understanding the CAP

Information measures relating to the common agricultural policy
Information measures on the Community market and markets of Non-EU Member Countries

Statistics and surveys

Farm Accountancy Data Network

Translating the Monterrey Consensus into practice

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Translating the Monterrey Consensus into practice

Outline of the Community (European Union) legislation about Translating the Monterrey Consensus into practice

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Development > General development framework

Translating the Monterrey Consensus into practice

Document or Iniciative

Commission Communication to the Council and the European Parliament of 5 March 2004 – Translating the Monterrey Consensus into practice: the contribution by the European Union [COM (2004) 150 final – Not published in the Official Journal].

Summary

In its annual progress report, the Commission takes stock of the eight commitments it made at the Barcelona European Council in March 2002 and defended at the Monterrey conference on financing for development.

Financial resources for official development assistance

The report concludes that for the second consecutive year the Member States are well on track to meet this essential commitment and may even exceed the target set. Despite a difficult budgetary situation in many Member States EU countries increased official development assistance (ODA) in 2002 by 5.8 % in real terms compared to 2001 and provided 0.35 % of their collective gross national income (GNI).

ODA rose significantly in Sweden, France, Greece and Italy and also increased in Belgium, Finland and Portugal, but decreased in Austria, Denmark, the Netherlands, Spain and the United Kingdom.

This report covers the enlarged EU, which has ten new Member States. These new Member States collectively allocated only 0.03 % of their GNI to development assistance in 2002. However, the Commission considers that this percentage could rise threefold in real terms to 0.11 % by 2006.

The Commission calls on Member States to maintain or increase their annual ODA pledges for the period up to 2006, in order to safeguard the progress the EU is making to deliver on the commitments it made at the Monterrey conference.

Coordination of policies and harmonisation of procedures

On this commitment, the report concludes that the EU has not always succeeded in significantly increasing coordination of its development policies or harmonising procedures for implementing assistance.

There is therefore still much to be done to ensure that resources which continue to be limited are used in the best possible way. Most Member States still wish to apply their own procedures when it comes to managing development aid resources in beneficiary countries. Many beneficiary countries are faced with a whole range of requirements in terms of reporting, different accounting standards, etc. and this is an administrative burden which is likely to seriously compromise their already limited administrative capacities. Member States deny themselves major productivity gains by duplicating their officials’ efforts, particularly in analysing the political framework of beneficiary countries.

Consequently the Commission proposes a whole range of practical measures:

closer coordination between EU donors in the development field;
closer coordination for multiannual programme and analysis;
establishment of a common framework for aid implementation procedures;
a Community action plan for coordination and harmonisation in each partner country under which two EU donors or more will implement a cooperation programme.

Other commitments

The report indicates that there is no need to take any particular measures at Community level to meet the other six Barcelona commitments and efforts should focus on activities already under way to ensure that they are successfully completed.

Concrete measures have been taken in recent years to meet commitments to untie aid and debt relief. Encouraging progress has been made on global public goods, trade-related aid and new sources of financing, although this is due more to individual Member States’ efforts rather than the EU as a whole.

Barcelona commitments

In Barcelona the EU undertook to:

increase average ODA from the European Union from 0.33 % of GNI in 2002 to 0.39 % by 2006 as a step towards the 0.7 % target set by the United Nations;
improve aid effectiveness through a process of coordination and harmonisation and take concrete measures in this direction before 2004;
take measures to untie aid for Least Developed Countries (LDC);
increase trade-related assistance;
support the identification of the relevant global public goods;
continue to examine innovative sources of financing;
support reform of international financial systems;
pursue efforts to restore debt sustainability in the context of the enhanced Heavily Indebted Poor Countries (HIPC) initiative.

The Monterrey conference on financing for development

The international conference on financing for development held in Monterrey (Mexico) from 18 to 22 March 2002 established a consensus on financing for global development in developing countries. The EU, which provides over 50 % of official development assistance at international level, played a major role in the success of this conference. The EU defined its contribution to the Monterrey conference at the Barcelona European Council in March 2002.

Related Acts

Annual report from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions of 4 April 2007, Keeping Europe’s promises on Financing for Development [COM(2007) 164 final – Not published in the Official Journal].

Communication from the Commission to the Council and the European Parliament – Accelerating progress towards attaining the Millennium Development Goals – Financing for Development and Aid Effectiveness [COM(2005) 133 final – not published in the Official Journal].

Organisation and financing of the fisheries sector

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Organisation and financing of the fisheries sector

Outline of the Community (European Union) legislation about Organisation and financing of the fisheries sector

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Organisation and financing of the fisheries sector

The common fisheries policy (CFP) has been based on a common organisation of the markets (CMO) since October 1970. This CMO aims to find the right balance between supply and demand in the interests of European fishers and consumers. It introduces marketing standards, a price stabilisation system and rules for trade with third countries. A European Fisheries Fund (EFF) enables solutions to be found to surplus fleet capacity, overindebtedness of enterprises, technical restrictions, and adaptations regarding hygiene, health, product quality and safety on board vessels.

GENERAL FRAMEWORK

Common Fisheries Policy (CFP)

Reform of the Common Fisheries Policy
Reform of the Common Fisheries Policy (Green Paper)
Improving decision-making in Community fisheries management

Markets

Common organisation of the market in fishery products

Social standards

Organisation of seafarers’ working time
Organisation of hours of work on board ships using Community ports
Fishing vessels
Improved medical treatment on board vessels

Institutional aspects

Advisory committee on fisheries and aquaculture
Regional Advisory Councils
Scientific, Technical and Economic Committee for Fisheries
Community Fisheries Control Agency

STRUCTURAL MEASURES AND FINANCING

Improving the financial measures relating to the common fisheries policy

2007-2013

Interinstitutional Agreement on cooperation in budgetary matters
European Fisheries Fund
Detailed rules for the implementation of the EFF Regulation

2007-2013

Detailed rules and arrangements regarding Community structural assistance in the fisheries sector
Emergency measures for scrapping fishing vessels
FIFG: Financial Instrument for Fisheries Guidance

STATE AID

State Aid: Guidelines
De minimis aid for the fisheries sector
State aid for SMEs in the fisheries sector
Improving the economic situation in the fishing industry
State aid for rescuing and restructuring firms in difficulty

Agreement between the European Union and the United States on the transfer of financial messaging data

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Agreement between the European Union and the United States on the transfer of financial messaging data

Outline of the Community (European Union) legislation about Agreement between the European Union and the United States on the transfer of financial messaging data

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Industrialised countries

Agreement between the European Union and the United States on the transfer of financial messaging data

Document or Iniciative

Council Decision 2010/412/EU of 13 July 2010 on the conclusion of the Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program.

Summary

For the purpose of preventing, investigating, detecting or prosecuting terrorism or terrorist financing, this agreement between the European Union (EU) and the United States of America (U.S.) provides for the transfer of:

financial payment messages that refer to financial transfers and related data, which are stored in the EU by international financial payment messaging service providers (designated providers), to the U.S. Treasury Department;
relevant information acquired from the U.S. Treasury Department’s Terrorist Finance Tracking Program (TFTP) to EU countries’ law enforcement, public security or counter terrorism authorities, or to Europol or Eurojust.

To obtain the necessary data stored in the EU, the U.S. Treasury Department makes a request, and sends any supplemental documents, to a designated provider on U.S. territory. At the same time, it provides a copy of these documents to Europol, which verifies the compliance of the request with the requirements of the agreement and notifies the designated provider accordingly. Once the compliance of the request is confirmed, it will have binding legal effect and the designated provider is required to transfer the requested data to the U.S. Treasury Department.

The U.S. Treasury Department must ensure that certain safeguards, particularly in relation to the protection of personal data, are applied when the provided data is processed. The data may only be processed for the purpose of preventing, investigating, detecting or prosecuting terrorism or terrorist financing. It must be secured from unauthorised access, disclosure and loss, as well as from any unauthorised form of processing. A search of the provided data may only be initiated where there is pre-existing information or evidence indicating that the subject of the search might be connected to terrorism or its financing. All searches and the reasons thereof must be recorded.

The U.S. Treasury Department must delete non-extracted data:

no longer necessary for the fight against terrorism, based on (at least) an annual evaluation;
transmitted without having been requested;
by 20 July 2012 at the latest, if it was received before 20 July 2007;
no later than five years after receipt, if it was received after 20 July 2007.

Extracted data may be retained for only as long as is necessary to fulfil the purpose for which it was requested. The agreement also defines safeguards to limit the onward transfers of extracted data.

The U.S. Treasury Department must make information obtained through the TFTP that may contribute to the EU’s actions against terrorism available to the relevant authorities of the EU countries concerned and, as appropriate, to Europol and Eurojust. If any follow-on information is deemed as necessary to the U.S.’s fight against terrorism, it must be similarly conveyed back. To facilitate these exchanges of information, a Europol liaison officer may be delegated to the U.S. Treasury Department.

A relevant EU country authority, Europol or Eurojust may provide the U.S. Treasury Department with a request to search data acquired through the TFTP and to transfer relevant information if there is reason to believe that a person or entity is connected to terrorism or its financing as defined by the framework decision on combating terrorism and the directive on the prevention of the use of the financial system for money laundering.

During the term of the agreement, the Commission will examine the options available for establishing an EU system equivalent to the U.S. TFTP. Once the European system is established, there will be the need to review and possibly modify this agreement and ensure the complementariness of the two systems.

Independent overseers will monitor compliance with the limitations and safeguards of the agreement. They have the authority to review, query and block searches of provided data, as well as to request for additional justifications on the connection to terrorism. One of these overseers will be appointed by the Commission.

Via the national data protection authority, a person has the right to request confirmation that his/her personal data has been processed in compliance with data protection rights. Disclosure of this information may be refused or restricted if necessary for the fight against terrorism or the protection of public or national security. In such cases, a written explanation will be given to the person, together with information on the possibility to seek administrative and judicial redress in the U.S. A person also has the right to request the rectification, erasure or blocking of inaccurate or wrongly processed personal data. To maintain the accuracy of information received or transmitted under this agreement, the data may be supplemented, deleted or corrected by each party. The U.S. Treasury Department provides information on the TFTP on a public website, including on the right of redress.

This agreement enters into force on 1 August 2010 and will remain in force for a period of five years. Afterwards, it will be automatically extended for subsequent periods of one year, unless one of the parties notifies of its intention not to extend it.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 2010/412/EU	13.7.2010	–	OJ L 195, 27.7.2010

Combating the financing of terrorism

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Combating the financing of terrorism

Outline of the Community (European Union) legislation about Combating the financing of terrorism

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single market for capital

Combating the financing of terrorism

Document or Iniciative

Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism [See amending act(s)].

Summary

This regulation supplements the administrative and judicial procedures relating to terrorist organisations in the European Union (EU) and in non-EU countries. It aims to prevent and prohibit the financing of terrorist acts, i.e. intentional offences that by their nature or context may damage a country when committed with the intention of seriously intimidating the population, destabilising the country, etc. However, the regulation does not apply to persons and groups covered by the United Nations Security Council Resolutions 1267(1999) and 1390(2002), which are implemented by Regulation (EC) No 881/2002 on freezing the funds of certain persons and entities associated with the Al Qaida network.

The financial assets to which the regulation applies include:

funds;
economic resources;
financial assets of every kind;
insurances;
lending of all types;
guarantees and commitments.

These financial assets must not, directly or indirectly, be made available to nor be used for the benefit of certain natural or legal persons listed in the regulation on the basis of Common Position 2001/931/CFSP. Any financial assets belonging to these persons are also frozen. Banks and other financial institutions, as well as all other natural or legal persons in EU countries, are required to immediately provide any information that facilitates compliance with this regulation, subject to confidentiality and professional secrecy.

By way of derogation, this regulation does not apply to the addition of interest to frozen accounts. However, such interest must also be frozen. The authorities of EU countries listed in the Annex to the regulation may authorise:

the use within the EU of frozen funds for the essential human needs of a natural person included in the above-mentioned list or a member of his/her family;
payments from frozen accounts for taxes, compulsory insurance premiums and public utility service fees such as water and gas;
the unfreezing of funds or other financial assets or the rendering of financial services to a person with a view to protecting the interests of the EU, including the interests of its citizens and residents.

EU countries determine the penalties to be imposed where this regulation is infringed. The regulation applies not only within the territory of the EU, but also on board of any aircraft or vessel under the jurisdiction of an EU country, to any person who is a national of an EU country and to any legal person or entity incorporated or constituted under the law of an EU country or doing business within the EU.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 2580/2001	28.12.2001	–	OJ L 344 of 28.12.2001

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 745/2003	30.4.2003	–	OJ L 106 of 29.4.2003
Regulation (EC) No 1207/2005	29.7.2005	–	OJ L 197 of 28.7.2005
Regulation (EC) No 1957/2005	1.12.2005	–	OJ L 314 of 30.11.2005
Regulation (EC) No 1461/2006	4.10.2006	–	OJ L 272 of 3.10.2006
Regulation (EC) No 1791/2006	1.1.2007	–	OJ L 363 of 20.12.2006

Successive amendments and corrections to Regulation (EC) No 2580/2001 have been incorporated in the basic text. This consolidated versionis for reference purposes only.

AMENDMENT OF ANNEXS

Annex – List of competent authorities of EU countries:
Regulation (EC) No 745/2003 [Official Journal L 106 of 29.4.2003];
Regulation (EC) No 1207/2005 [Official Journal L 197 of 28.7.2005];
Regulation (EC) No 1957/2005 [Official Journal L 314 of 30.11.2005];
Regulation (EC) No 1461/2006 [Official Journal L 272 of 3.10.2006];
Regulation (EC) No 1791/2006 [Official Journal L 363 of 20.12.2006].

Financing instrument for development cooperation – DCI

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Financing instrument for development cooperation – DCI

Outline of the Community (European Union) legislation about Financing instrument for development cooperation – DCI

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Relations with third countries > Asia

Financing instrument for development cooperation – DCI (2007-2013)

Document or Iniciative

Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation [See amending act(s)].

Summary

The Regulation sets up a financing instrument for development cooperation (DCI) which replaces the range of geographic and thematic instruments created over time and as needs arose. Its aim is to improve development cooperation.

Under this instrument, the European Communities finance measures aimed at supporting geographic cooperation with the developing countries included in the list of aid recipients of the Development Assistance Committee of the Organisation for Economic Cooperation and Development (OECD/DAC). These countries are listed in Annex 1 to the Regulation.

The Regulation emphasises that the Community’s development cooperation policy is guided by the Millennium Development Goals (MDGs) and that the “European Consensus” provides the general framework for action by the Community on development matters. It also reaffirms that the objectives of this policy are poverty reduction, sustainable economic and social development and the smooth and gradual integration of developing countries into the world economy.

Nature of the instrument

The Regulation provides that Community aid is implemented through geographic and thematic programmes and through the programme of accompanying measures for the African, Caribbean and Pacific (ACP) Sugar Protocol countries.

Geographic programmes encompass cooperation with partner countries and regions determined on a geographical basis. They cover five regions, namely Latin America, Asia, Central Asia, the Middle East and South Africa. Community assistance to these countries is aimed at supporting actions within the following areas of cooperation:

supporting the implementation of policies aimed at poverty eradication and at the achievement of the MDGs;
addressing the essential needs of the population, in particular primary education and health;
promoting social cohesion and employment;
promoting governance, democracy, human rights and support for institutional reforms;
assisting partner countries and regions in the areas of trade and regional integration;
promoting sustainable development through environmental protection and sustainable management of natural resources;
supporting sustainable integrated water resource management and fostering greater use of sustainable energy technologies;
assistance in post-crisis situations and fragile States.

The measures taken vary according to the specific needs of each country, taking into account the specific situation in Latin America, Asia, the Middle East or South Africa.

Thematic programmes complement geographic programmes. They cover a specific area of activity of interest to a group of partner countries not determined by geography, or cooperation activities focusing on various regions or groups of partner countries, or an international operation that is not geographically specific. In other words, their scope of application is wider than that of geographic cooperation programmes because they encompass not only the countries eligible for geographic cooperation under the DCI but also the countries and regions eligible under the European Development Fund (EDF) and under Regulation (EC) No 1638/2006.

The Regulation provides for five thematic programmes concerning:

investing in people;
the environment and the sustainable management of natural resources;
non-state actors and Local Authorities;
the improvement of food security;
cooperation in the area or migration and asylum.

The Regulation also sets up a programme of accompanying measures in favour of the 18 ACP Sugar Protocol countries (listed in Annex III to the Regulation). The aim of these measures is to support their adjustment process as they are faced with new market conditions due to the reform of the Community sugar regime.

Management and implementation

For the geographic programmes, the Commission draws up a strategy paper and a multiannual indicative programme and adopts an annual action programme for each partner country or region. In the case of thematic programmes, it draws up thematic strategy papers and adopts annual action programmes.

The Commission determines the multiannual indicative allocations within each geographic programme, bearing in mind the specificity of the different programmes and the particular difficulties faced by the countries or regions that are in crisis, in conflict or disaster-prone.

It may also include a specific financial allocation for the purposes of strengthening cooperation between the EU’s outermost regions and neighbouring partner countries and regions. In the case of natural disasters or crises which cannot be funded under Regulations (EC) No 1717/2006 and 1257/1996, the Commission may adopt special measures not provided for in the strategy papers or multiannual indicative programmes.

The entities which are eligible for funding are, inter alia, the following:

partner countries and regions, and their institutions;
decentralised bodies in the partner countries (municipalities, provinces, departments and regions);
joint bodies set up by the partner countries and regions with the Community;
international organisations;
EU agencies;
certain entities and bodies of the Member States, partner countries and regions and any other third country in so far as they help to achieve the objectives of this Regulation.

Under this Regulation, the Community may finance among other things, projects and programmes, contribute to national funds set up by partner countries and regions to attract joint financing from several donors, contribute to funds set up by one or more donors for the purpose of the joint implementation of measures, twinning programmes, interest-rate subsidies, especially for environment-related loans, and debt relief under internationally agreed debt relief programmes.

The measures are eligible for co-financing from Member States and their regional and local authorities, other donor countries, international organisations, companies, firms and other private organisations and businesses, other non-state actors and partner countries in receipt of funding.

The financial framework for the implementation of this Regulation over the period 2007-2013 is EUR 16.897 billion: EUR 10.057 billion for the geographic programmes, EUR 5.596 billion for the thematic programmes and EUR 1.244 billion for the ACP Sugar Protocol countries.

The Commission monitors and reviews the implementation of its programmes. It submits an annual report on the results of this Regulation to the European Parliament and the Council.

The Commission is assisted in its work by a committee.

Not later than 31 December 2010, the Commission must submit a report evaluating the implementation of this Regulation in the first three years with, if appropriate, a legislative proposal introducing the necessary modifications.

Article 39 of the Regulation repeals the regulations relating to:

access to Community external assistance;
promoting gender equality in development cooperation;
the AENEAS programme;
the fight against poverty diseases in developing countries;
reproductive and sexual health and rights in developing countries;
aid to uprooted people in Asian and Latin American developing countries;
the conservation and sustainable management of tropical forests and other forests in developing countries;
full integration of the environmental dimension in the development process;
development cooperation with South Africa;
decentralised cooperation;
co-financing operations with European non-governmental organisations;
food-aid policy and food-aid management;
financial and technical assistance to, and economic cooperation with, the developing countries in Asia and Latin America.

References

Act	Entry into force – Date of expiry	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1905/2006 [adoption: codecision COD/2004/0220]	28.12.2006 – 31.12.2013	–	OJ L 378 of 27.12.2006

Amending act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 960/2009	18.10.2009	–	OJ L 270 of 15.10.20096

The successive amendments and corrections to Regulation (EC) No 1905/2006 have been incorporated into the original text. This consolidated version is of documentary value only.

Related Acts

Proposal for a Regulation (EU) of the European Parliament and of the Council of 17 March 2010 amending Regulation (EC) No 1905/2006 establishing a financing instrument for development cooperation [COM(2010) 102 final – Not published in the Official Journal].
The European Union (EU) plans to help traditional banana producers in the African, Caribbean and Pacific (ACP) States to adapt to the liberalisation of their system of exports to Europe. Accompanying measures are therefore required for the period covering the end of the preferential trade regime which the producers in these countries benefited from previously.
The accompanying measures provided for by the EU shall enable:

the promotion of economic diversification through the development of new sectors of activity;
all the effects of liberalisation, particularly relating to macroeconomic stability, employment, social services and land use to be addressed.
all the effects of liberalisation, particularly relating to macroeconomic stability, employment, social services and land use to be addressed.

These accompanying measures shall be implemented under the framework of the financing instrument for development cooperation.

Codecision procedure: (COD 2010/0059)

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1905/2006 establishing a financing instrument for development cooperation and Regulation (EC) No 1889/2006 on establishing a financing instrument for the promotion of democracy and human rights worldwide[COM(2009) 194 final – Not published in the Official Journal].

Certain costs are currently excluded from the financing instrument for development cooperation. However, it may be necessary to take into account taxes, duties and other charges incurred by programme and project participants. In beneficiary countries exemption mechanisms are often absent and their fiscal laws are still evolving. Therefore, this Regulation must be sufficiently flexible to adapt to this reality.
Codecision procedure: (COD/2009/0060)