Eligibility of expenditure for operations supported under OP I during their suspension as a result of the outbreak of COVID-19
Article 1
Open ↗Regulation (EU) No 223/2014 is amended as follows: (1) in Article 9, the first subparagraph of paragraph 4 is replaced by the following: ‘4. Paragraphs 1, 2 and 3 do not apply for the purposes of modifying elements of an operational programme falling under sub-sections 3.5 and 3.6 and section 4, respectively, of the operational programme templates set out in Annex I, or the elements set out in points (a) to (e) and (g) of Article 7(2) in the event that they are modified as a result of the crisis response to the outbreak of COVID-19.’; (2) in Article 13(1), the following subparagraph is added: ‘By way of derogation from the first subparagraph, the deadline for the submission of the annual implementation report for the year 2019 shall be 30 September 2020.’; (3) in Article 20, the following paragraph is inserted: ‘1a. By way of derogation from paragraph 1, at the request of a Member State, a co‐financing rate of 100 % may be applied to the public expenditure declared in payment applications during the accounting year starting 1 July 2020 and ending 30 June 2021. Requests for modification of the co-financing rate shall be submitted in accordance with the procedure for the amendment of operational programmes set out in Article 9 and shall be accompanied by a revised programme. The co-financing rate of 100 % shall apply only if the relevant amendment of the operational programme is approved by the Commission before the submission of the final application for interim payment in accordance with Article 45(2). Before submitting the first payment application for the accounting year starting 1 July 2021, Member States shall notify the table referred to in section 5.1 of the operational programme templates set out in Annex I, confirming the co-financing rate which was applicable during the accounting year ending 30 June 2020.’; (4) in Article 22(4), the following subparagraph is added: ‘By way of derogation from the first subparagraph, expenditure for operations for fostering crisis response capacity to address the outbreak of COVID-19 shall be eligible from 1 February 2020.’; (5) in Article 23, the following paragraph is inserted: ‘4a. Food and/or basic material assistance may be provided to the most deprived persons directly or indirectly, such as through vouchers or cards, in electronic or other form, provided that such vouchers, cards or other instruments can be exchanged only against food and/or basic material assistance.’; (6) in Article 26, paragraph 2 is amended as follows: (a) point (a) is replaced by the following: ‘(a) the cost of purchasing food and/or basic material assistance and the cost of purchasing personal protective materials and equipment for partner organisations,’; (b) point (c) is replaced by the following: ‘(c) the administrative, preparation, transport and storage costs borne by the partner organisations at a flat-rate of 5 % of the costs referred to in point (a); or 5 % of the value of the food products disposed of in accordance with Article 16 of Regulation (EU) No 1308/2013;’; (7) the following articles are inserted: ‘Article 26a Eligibility of expenditure for operations supported under OP I during their suspension as a result of the outbreak of COVID-19 Delays in the delivery of food and/or basic material assistance as a result of the outbreak of COVID-19 shall not lead to a reduction of the eligible costs borne by the purchasing body or partner organisations in accordance with Article 26(2). Such costs may be declared to the Commission in their entirety in accordance with Article 26(2) before the food and/or basic material assistance is delivered to the most deprived persons, provided that delivery is resumed after the end of the crisis associated with the outbreak of COVID-19. Where food is spoiled because of the suspension of delivery as a result of the outbreak of COVID-19, the costs set out in point (a) of Article 26(2) shall not be reduced. Article 26b Eligibility of expenditure for operations supported under OP II or technical assistance during their suspension as a result of the outbreak of COVID-19 1. Where the implementation of operations is suspended as a result of the outbreak of COVID-19, a Member State may consider the expenditure during the suspension to be eligible expenditure even if no services are delivered, provided that all of the following conditions are met: (a) the implementation of the operation is suspended after 31 January 2020; (b) the suspension of the operation is due to the outbreak of COVID-19; (c) the expenditure has been incurred and paid; (d) the expenditure constitutes a genuine cost to the beneficiary and cannot be recovered or compensated for; for recoveries and compensation which are not provided by the Member State, the Member State may consider this condition to be met on the basis of a declaration by the beneficiary; recoveries and compensation shall be deducted from the expenditure; (e) the expenditure is limited to the period of the suspension of the operation. 2. For operations for which the beneficiary is reimbursed on the basis of simplified cost options and where the implementation of the actions constituting the basis for reimbursement is suspended as a result of the outbreak of COVID-19, the Member State concerned may reimburse the beneficiary on the basis of the outputs planned for the period of the suspension, even if no actions are delivered, provided that all of the following conditions are met: (a) the implementation of the actions is suspended after 31 January 2020; (b) the suspension of the actions is due to the outbreak of COVID-19; (c) the simplified cost options correspond to a genuine cost borne by the beneficiary, which shall be demonstrated by the beneficiary, and cannot be recovered or compensated for; for recoveries and compensation which are not provided by the Member State, the Member State may consider this condition to be met on the basis of a declaration by the beneficiary; recoveries and compensation shall be deducted from the amount corresponding to the simplified cost option; (d) the reimbursement to the beneficiary is limited to the period of the suspension of the actions. For the operations referred to in the first subparagraph of this paragraph, the Member State may also reimburse the beneficiary on the basis of costs referred to in point (a) of Article 25(1), provided that the conditions set out in paragraph 1 of this Article are met. Where a Member State reimburses the beneficiary on the basis of both the first and the second subparagraphs, it shall ensure that the same expenditure is only reimbursed once. Article 26c Eligibility of expenditure for operations supported under OP II or technical assistance that are not fully implemented as a result of the outbreak of COVID-19 1. A Member State may consider the expenditure for operations that are not fully implemented as a result of the outbreak of COVID-19 to be eligible expenditure, provided that all of the following conditions are met: (a) the implementation of the operation ceases after 31 January 2020; (b) the cessation of the implementation of the operation is due to the outbreak of COVID-19; (c) the expenditure prior to the cessation of the implementation of the operation was incurred by the beneficiary and paid. 2. For operations for which the beneficiary is reimbursed on the basis of simplified cost options, a Member State may consider the expenditure for operations that are not fully implemented as a result of the outbreak of COVID-19 to be eligible expenditure, provided that all of the following conditions are met: (a) the implementation of the operation ceases after 31 January 2020; (b) the cessation of the implementation of the operation is due to the outbreak of COVID-19; (c) the actions covered by the simplified cost options were at least partly delivered prior to the cessation of the implementation of the operation. For the operations referred to in the first subparagraph of this paragraph, the Member State may also reimburse the beneficiary on the basis of costs referred to in point (a) of Article 25(1), provided that the conditions set out in paragraph 1 of this Article are met. Where a Member State reimburses the beneficiary on the basis of both the first and the second subparagraphs, it shall ensure that the same expenditure is only reimbursed once.’; (8) in Article 30, the following paragraph is inserted: ‘1a. Based on an analysis of potential risks, Member States may establish lighter control and audit trail requirements regarding the distribution of food and/or basic material assistance to the most deprived persons during the outbreak of COVID-19.’.