Regulation (EU) 2021/522, CHAPTER III — ACTIONS (Article 12–Article 14) — Full Text

Eligible actions

Article 12

Only actions that implement the objectives listed in Articles 3 and 4, in particular the actions set out in Annex I, shall be eligible for funding.

Eligible legal entities

1. In order to be eligible for funding, legal entities shall, in addition to the criteria set out in Article 197 of the Financial Regulation: (a) be established in any of the following: (i) a Member State or an overseas country or territory linked to it; (ii) a third country associated to the Programme; or (iii) a third country listed in the annual work programme established in accordance with Article 17 (‘annual work programme’) under the conditions specified in paragraphs 2 and 3; or (b) be a legal entity created under Union law or an international organisation. 2. Legal entities that are established in a third country which is not associated to the Programme may in exceptional cases be eligible to participate in the Programme where such participation is necessary for the achievement of the objectives of a given action. The assessment of that necessity shall be duly reflected in the funding decision. 3. Legal entities that are established in a third country which is not associated to the Programme shall bear the cost of their participation. 4. Natural persons shall not be eligible for grants under the Programme. 5. Under the Programme, direct grants may be awarded without a call for proposals to fund actions, if such grants are duly justified, and if those actions have a Union added value that is explicitly provided for in the annual work programmes and are co-financed by the competent authorities that are responsible for health in the Member States or in third countries associated to the Programme, by relevant international health organisations, or by public sector bodies or non-governmental bodies that are mandated by those competent authorities, regardless of whether those bodies act individually or as a network. 6. Under the Programme, direct grants shall be awarded without a call for proposals to ERNs. Direct grants may also be awarded to other transnational networks set out in accordance with Union law. 7. Under the Programme, direct grants may be awarded without a call for proposals to fund actions of the WHO where financial support is necessary for the implementation of one or more of the specific objectives of the Programme that have a Union added value that is explicitly provided for in the annual work programmes. 8. Under the Programme, grants may be awarded without a call for proposals to fund the functioning of non-governmental bodies where financial support is necessary for the implementation of one or more of the specific objectives of the Programme that have a Union added value that is explicitly provided for in the annual work programmes, as long as those bodies fulfil all of the following criteria: (a) they are non-profit-making and independent of industry, commercial and business or other conflicting interests; (b) they work in the public health area, pursue at least one of the specific objectives of the Programme and play an effective role at Union level; (c) they are active at Union level and in at least half of the Member States, with a balanced geographical coverage of the Union. The Commission shall duly reflect the analysis of the fulfilment of those criteria in the funding decision.

Eligible costs

Article 14

1. Subject to Article 186 of the Financial Regulation, and point (a) of the second subparagraph of Article 193(2) of that Regulation, costs incurred prior to the date of submission of the grant application shall be eligible for funding with respect to actions: (a) implementing the objective referred to in point (b) of Article 3 of this Regulation; or (b) implementing objectives other than those referred to in point (a) of this paragraph, in duly justified exceptional cases, provided that those costs are directly linked to the implementation of the supported actions and activities. 2. Costs eligible under point (a) of paragraph 1 that relate to measures aiming to address suspected occurrences of a disease that could trigger a cross-border threat to health shall be eligible from the date of notification of the suspected occurrence of that disease to the Commission, provided that the occurrence or presence of that disease is subsequently confirmed. 3. In exceptional cases, during a health crisis caused by a serious cross-border threat to health as defined in point (g) of Article 3 of Decision No 1082/2013/EU, costs incurred by entities established in non-associated countries may be considered eligible if those costs are duly justified for reasons concerning countering the spread of the risk for the protection of the health of people in the Union.

Regulation (EU) 2021/522 CHAPTER III — ACTIONS

Article 12

Article 13

Article 14

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