Faster and simpler access to EU funds for European businesses, towns, regions and scientists

Following the recent entry into
force of the new Financial Regulation the Commission has adopted its new
detailed Rules of application. The delivery of EU funds to businesses,
NGOs, researchers, students, municipalities and other recipients will be
improved as of 1 January 2013 thanks to simplified procedures. The new
legislation increases transparency and introduces higher accountability
for anyone dealing with EU finances. It includes wider possibilities to
use lump sums and flat rates for smaller amounts, eliminates the need to
fill in the same details every time you apply for EU funds and
introduces on-line applications as well as many other new features.
“This new
regulation brings significant improvements to all beneficiaries of EU
funding. We succeeded in reducing administrative burden for recipients
of Union funds, which translates into easier access and a shortened time
span for getting funding from the European budget. The new rules pave
the way for a more effective use of EU resources. It is important for
any European citizen as in the times of crisis the EU budget plays an
important role in boosting jobs and growth. Making EU funds more
accessible and increasing the accountability of those who manage these
funds is one of the major tasks of my mandate” said Janusz Lewandowski, European Commissioner for budget and financial programming.
Simplification
The revised Financial Regulation
contains numerous improvements which will make the life of recipients of
Union funds easier. The period between calls for proposals and the
conclusion of grant agreements and payment deadlines will be shortened.
The emphasis of the grant system will be shifted from reimbursing cost
claims to payments for the delivery of results through a greater use of
lump sums, flat rates, unit costs. A greater use of prizes, paid to the
winner of a contest for developing the solution to a pre-defined problem
('inducement prizes') will also contribute to simplify administration
and strengthen the result-orientation of EU funding. Beneficiaries of EU
funds will no longer be obliged to open separate interest bearing bank
accounts. Furthermore, even if interest is generated, it will not have
to be returned to the EU Budget and neither will it be counted as
revenue of the project. This addresses a major concern of grant
beneficiaries and other stakeholders, in particular from the research
and the NGO community, that was brought up during the public
consultation of 2009 preceding the Commission's proposal of 2010.
More accountability and protection for European citizens
The new rules will increase the
accountability of those managing EU taxpayers' money. This includes the
Member States, which implement a large proportion of the EU budget,
including the EU's regional policy. In future, Member State authorities
managing EU funds will have to sign and submit to the Commission annual
declarations certifying that EU funds have been used correctly.
Mechanisms for financial
corrections in cases of irregularities committed by beneficiaries and
discovered through audit have been strengthened: as a deterrent, the
Commission will publish decisions imposing sanctions for misuse of EU
funds.
Enhancing the effectiveness of EU funds through innovative funding mechanisms
In the future, various financial
instruments, such as loans, equity or guarantees will be used to enhance
the effectiveness of EU funds and thus multiply their financial impact.
New possibilities are created for a more flexible implementation of
public-private partnerships ('PPPs') which reflects the calls of
European industry stakeholders who are the partners in such PPPs.
In the area of external action, the
EU will be able to create EU trust funds pooling its own resources with
those of its Member States and other donors in order to better
coordinate and deliver external aid and increase its visibility.
Commission determined to push the simplification agenda further
Simplifying rules and processes
will not stop after the adoption of the new Financial Regulation. The
Commission will continue to pursue its multiple simplification proposals
so that they are firmly anchored in the new generation of programmes
(2014-2020), currently under negotiation in the Council and the European
Parliament.
Background
The Financial Regulation is the
core of EU financial rules. It sets the principles of the EU budget and
governs the way the EU funds are spent. The present version was adopted
in 2002 and most recently amended in 2010 to cover the creation of the
European External Action Service. The legislative procedure of this more
substantial revision was initiated by the Commission in December 2010,
when the Commission's proposal on the review of the Financial Regulation
addressed the main concerns raised by beneficiaries of EU funds. The
new rules will focus on simpler and faster access to funds, while
strengthening accountability of those managing EU taxpayers' money.
After the formal adoption of the
Financial Regulation on 25 October and its publication in the Official
Journal of the EU, the Financial Regulation entered into force on 27
October 2012.
Following this the Commission
adopted today the new Rules of application for the new Financial
Regulation which contain detailed rules for financial management and
complement the Financial Regulation. Within the next two months, the
European Parliament and the Council can express objections or give their
comments to these Rules of application as proposed by the Commission.
After the publication in the Official Journal and entry into force at
the end of December 2012 the new Rules of application will start to be
applied as from 1 January 2013 together with new Financial Regulation.
Why was it necessary to change the budgetary and spending rules in the Financial Regulation?
A new Financial Regulation for the EU finances: What's new, why and how does it work
The Commission continuously
assesses the way it manages EU funds, taking into account lessons learnt
from the past, feedback from end users and other stakeholders, as well
as new challenges posed by the need to modernise financial rules. There
is also a formal requirement to review the Financial Regulation and its
Implementing Rules at least once every three years. This update is
already the second following the adoption of the Financial Regulation in
2002.
Furthermore, the challenge to
overcome the economic crisis leads to considerations on how EU funds can
be used in a simpler, more accountable, effective and efficient way.
Finally, the modifications
introduced come well in time for both the recipients of Union funds and
the funding authorities before the launch of the expenditure programmes
under the next Multiannual Financial Framework 2014-2020, which is
currently under discussion.
What are the goals of this review?
The EU is modernising its financial
procedures in order to better serve the achievement of the objectives
of Europe 2020. Broadly speaking, the changes focus on three areas:
- Simplification: cutting red tape, speeding up procedures and shifting the focus from paperwork to performance;
- Accountability: ensuring enhanced sound financial management and the protection of the EU's financial interests;
- Innovation: introducing financial mechanisms which will enable the mobilisation of third-party funds as leverage on EU funds.
How to simplify procedures by cutting red tape and shifting the focus from paperwork to performance?
Shorter payment deadlines
Beneficiaries will be entitled to
receiving money due to them within the deadlines of 30, 60 or 90 days
depending on how demanding it is to test delivered results against
contractual obligations. While at present the Commission voluntarily
applies similar deadlines, the new provisions will mean that missing a
deadline will create an entitlement to late-payment interest for the
beneficiary.
Time-to-grant target and indicative deadline
Calls for proposals will indicate
the date when communicating the evaluation results to applicants.
Normally this date must fall within six months of the closure of the
call. It will also indicate the date for concluding the grant agreements
(or notifying the grant decisions) to successful applicants. Normally
this date must fall within three months following the communication of
the evaluation results.
The Commission official in charge
(referred to in the Financial Regulation as the "authorising officer by
delegation", typically the Director-General) has to provide
justification in case the maximum indicative deadlines were not
respected and, if necessary, propose remedies in his/her annual activity
report to the College of Commissioners. These provisions will speed up
the evaluation and contract conclusion phases of projects.
Multi-annual work programs
Work programs
are plans published in advance of how and on what EU funds will be spent
in the near future. From now on, they can be multi-annual as opposed to
just annual. This will give potential applicants for EU funds more
transparency and predictability in terms of EU spending in the short to
medium term. At the same time, this provision should not make EU
expenditure programs rigid and unable to react to emergencies and new
developments.
Abolishing the obligation to generate interests on 'pre-financing' and to return the interest
There will no longer be an
obligation to generate interest on pre-financing paid to grant
beneficiaries to provide them with cash for the action. Even if interest
is generated, it is not due to the EU, neither is it counted as revenue
of the project.
With this, an administrative burden
will vanish that was frequently criticised by grant beneficiaries and
stakeholders during the public consultation held in 2009 preceding the
Commission's proposal of 2010, in particular by the research and NGO
communities.
Shifting the emphasis of
the grant system from reimbursing cost claims to payments for the
delivery of results: lump sums, flat rates, unit costs
In most cases, EU grants are
reimbursements of a share of the actual costs incurred by the
beneficiary, which implies time consuming paperwork both for the
beneficiary, who must itemise all expenditure, and the Commission, which
then has to check the project not only against the delivery of the
results, but also against the eligibility of all the costs claimed.
The simplification concerns mainly the
alternatives to actual costs, i.e. lump sums (payments against
delivery), flat rates (percentages to cover certain categories of costs)
and unit costs (rates per unit, such as per person per day):
-
the maximum
threshold per lump sum payment (currently EUR 25,000) will be abolished;
instead, the Commission will set the amounts depending on the nature of
the programme;
-
it will be possible to agree with
beneficiaries that lump sums, flat rates and unit costs are calculated
on the basis of the beneficiaries' own historical data or usual
accounting practices. This is in particular the approach to the
so-called average personnel costs in research funding;
-
for entities such as owners of small
and medium enterprises (SME) or self-employed people, who do not
receive a regular salary, unit costs can be established (e.g. a rate per
day) as a basis for payment.
-
The increased use of these simpler
forms will shift the focus from justifying the costs to demonstrating
the agreed results of the activity on which contributions from EU budget
are used.
Lighter administrative requirements for a larger group of low-value grants
Beneficiaries applying for grants
of up to EUR 25,000 are already exempt from submitting certain
documents. This threshold will be raised to EUR 60,000.
No guarantees on pre-financing can
be asked for such grants; legal status of the beneficiary as well as the
financial and operational capacity will have to be demonstrated by a
declaration of honour without the necessity to provide supporting
documents, and no certification will be required that the beneficiary is
not in an exclusion situation. Also, for such grants, the non-profit
principle does not apply.
These amounts apply per
beneficiary, which may be relevant for actions with multiple
beneficiaries working by way of a consortium.
Further simplification and flexibility in the grant rules
At the moment the so-called
cascading grants (or sub-granting, i.e. grants awarded by a grant
beneficiary) are capped by a maximum threshold for the total grant
amount that can be sub-granted, thus limiting the scope for taking on
board partners with specific expertise who had not been identified at
the beginning. This cap will be abolished.
The current rule that VAT can be
made eligible if it is not recoverable under VAT legislation is, in
principle, kept. In addition, public bodies will be allowed to include
VAT as eligible in actions in which they do not engage as public
authorities.
The definition of profit in a grant
is clarified, taking into account discussions with stakeholders. Profit
is defined as the surplus of receipts of an action over its eligible
costs. The Commission will only recover the share of the profit that
corresponds to the EU's share in funding the action.
The rules on in-kind contributions,
which can be used to demonstrate co-financing, are rendered more
usable, in particular for grants below EUR 60,000.
As regards operating grants, they
will no longer have to be gradually decreased. Also, building up a
reserve by a beneficiary of an operating grant will not be counted for
the calculation of profit.
Procurement
The procurement rules are generally based on the EU Procurement Directives. Therefore, the scope for changes is rather limited:
-
Guarantees will not be required across the board; instead, it will depend on a risk assessment;
-
The procedures below the thresholds of the EU Procurement Directives are simplified;
-
Joint procurement will not only be
possible with Member States, but also with EFTA and candidate countries
where foreseen in an international agreement.
IT tools
Communication with beneficiaries
and other authorities should increasingly take place by electronic
means. A number of concrete provisions have been added, for example in
the context of grants and procurement.
Good administration and redress
Good administration, as expressly
provided now in the new Financial Regulation, implies that proposals or
tenders where documents are missing or are unclear should not be
rejected right away. The applicant is given the opportunity to supply
the missing pieces or provide clarifications. However, this may not lead
to a modification of the proposal or tender.
An act of the funding authority
which adversely affects a citizen will have to contain information on
the possibilities to seek redress for challenging such an act.
How to make the control system of EU funds more effective and efficient?
Member States to take more responsibility for their management of EU funds
Article 317 of the Treaty on the
Functioning of the EU obliges Member States to cooperate with the
Commission in implementing the EU budget. Up to 80% of the EU budget
expenditure is managed by Member States under so-called shared
management in areas such as agriculture, growth and employment aid to EU
regions (structural funds). In agriculture, national paying agencies
give formal assurance for the EU money they spend through annual
management declarations. This has helped to reduce the scope for errors.
Under the new rules, national fund
managers for structural and other EU funds under shared management will
also have to issue annual management declarations that will be subject
to independent audit.
Further measures to strengthen accountability, sound financial management and protection of EU financial interests
Provisions on indirect management
where Member States' national agencies, third countries, international
organisations or other authorised bodies implement EU funds will be
harmonised and streamlined.
When designing control measures,
the Commission will take into account the costs of control, but also the
potential to simplify the rules and hence to decrease error rates.
Where it is expected that errors
discovered through checks of certain actions performed by a beneficiary
can be found in other similar actions by the same beneficiary, the
findings on such errors can be applied to these similar actions as well.
This can lead to further recoveries and provides a stronger incentive
to comply with EU funding rules.
Provisions on conflict of interests and whistle-blowing are adjusted.
EU claims will receive the same treatment as equivalent claims of Member States in bankruptcy proceedings.
In order to further deter the misuse of EU funds, decisions on penalties for such misuse can henceforth be published.
What are the innovative financial mechanisms allowing for the leverage of EU funds?
Leveraging EU funds by financial instruments
Financial instruments, i.e. support
measures in the form of loans, equity participations including risk
capital or guarantees, exist and contribute significantly to the EU's
policy objectives.
The new Financial Regulation provides a solid harmonised framework for them.
Their increased use will also give EU funds a multiplying effect with a
view to making them more effective. The new rules will also facilitate
partnerships with the European Investment Bank group.
Prizes
Prizes, until now treated as grants sui
generis, will receive greater attention. They will be awarded by the
Commission following the evaluation of entries in a contest. Whereas
traditional prizes reward contributions to EU policies which have
already been made, inducement prizes could be used to a greater extent
to induce and stimulate activity in a given area, with the aim to obtain
creative and innovative solutions to specific problems. Such prizes
have the potential to leverage funding in areas where more private
investments are urgently needed as for example in research and
development. Besides, the strict output orientation of a prize scheme
guarantees value for money and greatly simplifies administrative
procedures (no input controls necessary, such as checks on cost
statements).
Public-private partnerships (PPPs)
The experience in implementing Joint
Technology Initiatives, PPPs in the research area in the form of Joint
Undertakings, has identified weaknesses due to a certain lack of
flexibility of the EU's budgetary and financial rules. This has led to a
proposal to create new possibilities for the implementation of PPPs. On
the one hand, special PPP bodies governed by financial rules based on
the model financial regulation can be set up. On the other hand, PPPs
can be implemented by private-law bodies under indirect management.
EU Trust Funds
Trust funds in external action are
funds pooled from a number of donors, in particular the EU, its Member
States, third countries, international organisations or private donors
such as citizens to provide support to agreed objectives. These can have
a thematic, e.g. relating to the fight against a certain disease, or geographic orientation. They can also focus on providing relief in cases of urgency, such as a natural disaster.
The new Financial Regulation will
allow the EU to establish such trust funds. They will be managed by the
Commission and implemented at accountability standards as high as those
applicable to the EU budget. They will be governed by a constitutive act
reflecting the agreement of the donors on the objectives and management
of the EU Trust Fund.
The new possibility of EU Trust
Funds will increase European coordination of financial support in
external action and will also enhance the visibility of EU and Member
States' external aid.
Which way did the Commission proposal have to go until the final adoption?
The legislative procedure was
initiated by the Commission proposal COM(2010)815final of 22 December
2010 after a public consultation which preceded the Commission proposal
and started on 19 October 2009, resulted in 235 contributions of all
type of stakeholders implementing or receiving Union funds and was
closed on 18 December 2009. The publication in the Official Journal of
the EU took place on 26 October and the new Financial Regulation entered
into force today. In parallel, the Commission will adopt by the end of
this year the Rules of Application, a delegated act under Article 290 of
the Treaty on the Functioning of the EU, which provides the details and
contributes further to the objectives of the review. The bulk of the
rules in this package will apply as from 1 January 2013.
Has the simplification process ended with the adoption of the new Financial Regulation?
No, in order to underline the
importance of the simplification process in the framework of the whole
MFF 2014-2020 and the Commission position on it, the Commission launched
a special initiative for monitoring the legislative process concerning
sector specific rules (e.g. for research or trans-European networks) in
the Council and the European Parliament: This process is going to be
implemented through the regular publication of a Scoreboard, tracking
simplification measures proposed by the Commission.
For more information about simplification, see the First Simplification Scoreboard.
Contact : Patrizio Fiorilli (+32 2 295 81 32)
