Scope
Article 93
This Title shall apply to measures financed under shared management as set out in Title V.
Regulation (EU) No 508/2014 TITLE VII — IMPLEMENTATION UNDER SHARED MANAGEMENT
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
CHAPTER I — General provisions
CHAPTER II — Delivery mechanism
Section 1 — Support from the EMFF
Determination of co-financing rates
Article 94
1. When adopting implementing acts pursuant to Article 19 approving an operational programme, the Commission shall set the maximum EMFF contribution to that programme. 2. The EMFF contribution shall be calculated on the basis of the amount of eligible public expenditure. The operational programme shall establish the EMFF contribution rate applicable to the Union priorities set out in Article 6. The maximum EMFF contribution rate shall be 75 % and the minimum EMFF contribution rate shall be 20 % of eligible public expenditure. 3. By way of derogation from paragraph 2, the EMFF contribution shall be: (a) 100 % of the eligible public expenditure for the support under storage aid referred to in Article 67; (b) 100 % of the eligible public expenditure for the compensation regime referred to in Article 70; (c) 50 % of the eligible public expenditure for the support referred to in Articles 33, 34 and Article 41(2); (d) 70 % of the eligible public expenditure for the support referred to in point (e) of Article 76(2); (e) 90 % of the eligible public expenditure for the support referred to in points (a) to (d) and (f) to (l) of Article 76(2); (f) 80 % of the eligible expenditure for the support referred to in Article 77. 4. By way of derogation from paragraph 2, the maximum EMFF contribution rate applicable to the specific objectives under a Union priority shall be increased by ten percentage points, where the whole of the Union priority set out in Article 6(4) is delivered through community-led local development.
Intensity of public aid
Article 95
1. Member States shall apply a maximum intensity of public aid of 50 % of the total eligible expenditure of the operation. 2. By way of derogation from paragraph 1, Member States may apply an intensity of public aid of 100 % of the eligible expenditure of the operation where: (a) the beneficiary is a public law body or an undertaking entrusted with the operation of services of general economic interest as referred to in Article 106(2) TFEU, where the aid is granted for the operation of such services; (b) the operation is related to the storage aid referred to in Article 67; (c) the operation is related to the compensation regime referred to in Article 70; (d) the operation is related to the data collection referred to in Article 77; (e) the operation is related to support under Article 33 or 34 or to compensation under Article 54, 55 or 56; (f) the operation is related to the IMP measures referred to in Article 80. 3. By way of derogation from paragraph 1, Member States may apply an intensity of public aid between 50 % and 100 % of the total eligible expenditure where: (a) the operation is implemented under Chapter I, II or IV of Title V and fulfils all of the following criteria: (i) it is of collective interest; (ii) it has a collective beneficiary; (iii) it has innovative features, where appropriate, at local level; (b) the operation is implemented under Chapter III of Title V, fulfils one of the criteria referred to in points (a)(i), (ii) or (iii) of this paragraph and provides public access to its results. 4. By way of derogation from paragraph 1, additional percentage points of public aid intensity shall apply for specific types of operations as set out in Annex I. 5. The Commission shall adopt implementing acts establishing how the different percentage points of public aid intensity shall apply in case several conditions of Annex I are fulfilled. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 127(3).
Calculation of additional costs or income foregone
Article 96
Where aid is granted on the basis of additional costs or income foregone, Member States shall ensure that the relevant calculations are adequate, accurate and established in advance on the basis of a fair, equitable and verifiable calculation.
CHAPTER III — Management and control systems
Managing authority
Article 97
1. In addition to the general rules set out in Article 125 of Regulation (EU) No 1303/2013, the managing authority shall: (a) by 31 March each year, provide the Commission with relevant cumulative data on operations selected for funding until the end of the previous calendar year, including key characteristics of the beneficiary and the operation itself; (b) ensure publicity for the operational programme by informing potential beneficiaries, professional organisations, the economic and social partners, bodies involved in promoting equality between men and women, and the non-governmental organisations concerned, including environmental organisations, of the possibilities offered by the programme and the rules for gaining access to programme funding; (c) ensure publicity for the operational programme by informing beneficiaries of the Union contribution and the general public of the role played by the Union in the programme. 2. The Commission shall adopt implementing acts laying down rules for the presentation of the data referred to in point (a) of paragraph 1. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 127(2).
Transmission of financial data
Article 98
1. By 31 January and 31 July, the Member States shall transmit, by electronic means, to the Commission a forecast of the amount for which they expect to submit payment applications for the current and for the subsequent financial year. 2. The Commission shall adopt an implementing act establishing the model to be used when submitting the financial data to the Commission. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 127(3).
CHAPTER IV — Control by Member States
Financial corrections by Member States
Article 99
1. In addition to the financial corrections referred to in Article 143 of Regulation (EU) No 1303/2013, Member States shall make financial corrections if the beneficiary does not respect the obligations referred to in Article 10(2) of this Regulation. 2. In the cases of financial corrections referred to in paragraph 1, Member States shall determine the amount of the correction, which shall be proportionate, having regard to the nature, gravity, duration and repetition of the infringement or offence by the beneficiary and the importance of the EMFF contribution to the economic activity of the beneficiary.
CHAPTER V — Control by the Commission
Section 1 — Interruption and suspension
Interruption of the payment deadline
Article 100
1. In addition to the criteria allowing for interruption listed in points (a), (b) and (c) of Article 83(1) of Regulation (EU) No 1303/2013, the authorising officer by delegation, within the meaning of Regulation (EU, Euratom) No 966/2012, may interrupt the payment deadline for an interim payment claim in the case of non-compliance by a Member State with its obligations under the CFP which is liable to affect the expenditure contained in a certified statement of expenditure for which the interim payment is requested. 2. Prior to the interruption of an interim payment deadline as referred to in paragraph 1, the Commission shall, adopt implementing acts recognising that there is evidence suggesting non-compliance with obligations under the CFP. Before the Commission adopts such implementing acts, it shall immediately inform the Member State concerned of such evidence or reliable information and the Member State shall be given the opportunity to present its observations within a reasonable period of time. 3. The interruption of all or part of the interim payments related to the expenditure referred to in paragraph 1 covered by the payment claim shall be proportionate, having regard to the nature, gravity, duration and repetition of the non-compliance.
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