Preparation of joint operational programmes
Article 3
Each joint operational programme shall be defined by common agreement of all the participating countries, in accordance with Regulation (EC) No 1638/2006, the strategy paper and this Regulation.
Commission Regulation (EC) No 951/2007 CHAPTER II — BASIC DOCUMENTS
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SECTION 1 — Joint operational programmes
Content of joint operational programmes
Article 4
Each joint operational programme shall describe the objectives, priorities and measures concerning the operations to be undertaken and shall explain how they fit in with other ongoing or planned bilateral and multilateral programmes in the countries and regions concerned, in particular programmes financed by the European Union. In particular, each joint operational programme shall: (a) list the territorial units eligible, including the possible adjacent regions, as locations for projects financed by the programme, as defined in Regulation (EC) No 1638/2006 and the strategy paper; (b) lay down rules for participation in the programmes by adjacent areas in third countries which are not covered by Regulation (EC) No 1638/2006 but which are allowed to take part in cooperation on the basis of the strategy paper; (c) lay down priorities and measures addressing the objectives identified in the strategy paper; (d) set out the composition of the Joint Monitoring Committee in accordance with Article 11 of this Regulation; (e) identify the body appointed by the participating countries to perform the role of Joint Managing Authority; (f) describe the structure that will be set up by the Joint Managing Authority for the management of the programme in accordance with Articles 14, 15, 16 and 17 of this Regulation. This description shall be detailed enough to enable the Commission to be reasonably confident that effective and efficient internal control systems have been put in place, based on best international practices; (g) include a financial table describing the provisional yearly allocations of commitments and payments under the programme, established in accordance with the priorities and specifying in particular the amounts allocated to technical assistance; (h) identify programme implementation methods, in accordance with the contractual procedures referred to in Article 23 of this Regulation; (i) specify a provisional indicative timetable for the launching of procedures and the selection of projects to be financed; (j) describe any regulatory requirements regarding environmental impact assessment studies and give a provisional indicative timetable for the carrying-out of these studies; (k) state the language(s) adopted by the programme; (l) include an information and communication plan in accordance with Article 42. The table referred to in point (g) of the second paragraph shall indicate the European Community contribution and divide the provisional indicative amounts to be committed by the Commission each year up to 2013 (the allocations for 2011-2013 shall be confirmed in the Indicative Programme for 2011-2013). The table shall also contain the provisional indicative amounts of co-financing from the own resources of participating countries. For the purposes of point (h) of the second paragraph, the projects financed under the programme shall generally be selected following calls for proposals. Nevertheless, the participating countries may also, in agreement with the European Commission, jointly identify large-scale cross-border investment projects which will not be selected through calls for proposals: these projects shall be specifically mentioned in the programme or be selected at a later stage by the Joint Monitoring Committee, referred to in Articles 11 to 13, provided that they are consistent with the programme's priorities and measures and that there is a budget specifically for this purpose.
Adoption of joint operational programmes
Article 5
1. Each joint operational programme shall be submitted by the Joint Managing Authority to the Commission after the explicit agreement of all countries having participated in and contributed to the preparation of the programme. 2. The Commission shall examine the joint operational programme in order to verify that it contains all the elements referred to in Article 4, which shall involve in particular: (a) assessing its conformity with the strategy paper; (b) checking the quality of the analysis, its consistency with the proposed priorities and measures, and its consistency with the other bilateral and multilateral programmes ongoing or planned in the regions concerned by the programme; (c) verifying that the programme complies with the Community legislation applicable; (d) checking that any environmental impact assessment studies that may be required have been carried out or are planned before the proposed projects are implemented; (e) ensuring the consistency of the financial table for the programme, particularly with regard to the amounts to be committed by the Commission; (f) ensuring the management capacity of the Joint Managing Authority is commensurate with the volume, content and complexity of the operations planned under the programme. In particular, the Commission shall check that the Joint Managing Authority has sufficient properly qualified human resources fully dedicated to the programme, the requisite computerised management and accountancy tools and financial circuits that comply with the relevant Community legislation. These checks may be carried out through an ex ante on-the-spot audit, if considered necessary by the Commission; (g) ensuring that the Joint Managing Authority has planned for and set up satisfactory internal control and audit systems, based on international best practices. 3. Following the review of the joint operational programme, the Commission may ask the participating countries to provide additional information or, where necessary, to revise certain parts. 4. The adoption of each joint operational programme shall be taken as an ex ante accreditation by the Commission of the management and control structures set up by the Joint Managing Authority. 5. Each joint operational programme shall be adopted by a Commission decision for the whole of the programme's duration.
Monitoring and evaluation of joint operational programme
Article 6
1. The aim of monitoring and evaluating each joint operational programme shall be to improve the quality, effectiveness and consistency of implementation. The findings of evaluations shall be taken into account in future programming exercises. 2. A mid-term evaluation of the joint operational programme shall be carried out as part of the programme review in accordance with the strategy paper. This evaluation shall be carried out by the Commission, and its results, which shall be communicated to the Joint Monitoring Committee and Joint Managing Authority for the indicative programme may lead to adjustments in the programme. 3. In addition to the mid-term evaluation, an evaluation of the joint operational programme, or a part thereof, may be carried out at any moment by the Commission. 4. In the year following the end of the implementation phase of the projects financed by the joint operational programme, an ex post evaluation of the programme shall be carried out by the Commission.
Revision of joint operational programmes
Article 7
1. Adjustments to the joint operational programme financial table which merely involve the transfer from one priority to another of no more than 20 % of the Community funds initially allocated to each priority may be made directly by the Joint Managing Authority, with the prior approval of the Joint Monitoring Committee. The Joint Managing Authority shall inform the Commission of any such changes. This rule shall apply to technical assistance financed by Community funds only with the written prior approval of the Commission. 2. Following a reasoned request from the Joint Monitoring Committee or at the initiative of the Commission in agreement with the Joint Monitoring Committee, joint operational programmes may be reviewed and, if necessary, revised in the following cases: (a) in order to make allowance for major socio-economic changes or substantial changes in Community, national or regional priorities in the area covered by the programme; (b) following implementation difficulties giving rise to substantial delays; (c) where there is a transfer of Community funds from one priority to another going beyond the margin of flexibility referred to in paragraph 1 of this Article; (d) following the evaluations referred to in Article 6(2) and 6(3); (e) where the programme is terminated in accordance with Article 44. 3. Any revision of a joint operational programme in the cases referred to in paragraph 2 shall be adopted by a decision of the Commission and shall require the signing of an amendment to the financing agreements referred to in Article 10.
Use of languages
Article 8
1. The management structures for joint operational programmes shall use one or more of the European Union's official languages as their working language(s). 2. In order to take account of the partnership nature of the programmes, the project beneficiaries may submit to the Joint Managing Authority documents concerning their project in their national language, provided that this possibility is specifically mentioned in the programme and that the Joint Monitoring Committee makes provision, through the Joint Managing Authority, for any interpretation and translation that may be necessary. 3. Interpreting and translation costs for all languages selected by the programme shall be met: (a) from the technical assistance budget at joint operational programme level; (b) from the budget of each individual project at project level.
Starting phase of joint operational programmes
Article 9
1. Following the adoption of the joint operational programme by Commission decision, the programme shall start immediately in the Member States with the allocation in the European Neighbourhood and Partnership Instrument for cross-border cooperation from heading 1B of the Financial Perspective (Interinstitutional Agreement 2006/C 139/01) ( 2 ) . Joint actions required to launch the programme may also be undertaken, namely: (a) the establishment of the Joint Managing Authority and of the Joint Technical Secretariat; (b) the first meetings of the Joint Monitoring Committee, including representatives of partner countries that have not yet signed a financing agreement; (c) the preparation and launching of tender procedures or calls for proposals, if necessary with a suspension clause linked to the signing of the financing agreements. 2. Commission decisions referred to in paragraph 1 shall be applicable in each partner country from the signing of a financing agreement by the country in accordance with Article 10.
SECTION 2 — Financing agreement
Signing of financing agreements
Article 10
1. A financing agreement shall be established between the Commission and each partner country for each joint operational programme. The Joint Managing Authority designated under each joint operational programme may countersign the financing agreement. 2. The joint operational programme adopted by the Commission shall be a technical annex to the financing agreement. 3. Each financing agreement shall be concluded at the latest before the end of the year which follows the year of the Commission decision adopting the joint operational programme (N+1 rule). 4. If the financing agreement is not concluded within the time-limit, the external component of the joint operational programme with the partner country may not be launched. Where a programme includes several partner countries, it may be launched with each partner country as soon as that country has signed its financing agreement. 5. If no partner country signs a financing agreement within the set time limit, the external component of the joint operational programme shall become null and void and paragraphs 3 and 4 of Article 44 shall apply.
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