Regional Policy Delegated Act on the methodology for the quality review of major projects 1 Expert Group on Delegated and Implementing Acts for the ESI.

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Delegated Act on the methodology for the quality

review of major projects

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Expert Group on Delegated and Implementing Acts for the ESI funds

26th of September 2013

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WHY?

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• The Common Provisions Regulation (CPR) foresees that operations above certain cost thresholds continue to be subject to specific approval procedures by the European Commission (those procedures are reflected in Article 92 and Article 92.bis of the CPR);

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WHY?

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• Article 91 point 1 of the CPR foresee that:

"At the initiative of a Member State, the information in Article 91 point 1(a) to (i) may be assessed by independent experts supported by technical assistance of the Commission or, in agreement with the Commission, by other independent experts. […]."

• Article 91 (1) of the CPR (version of 24/07/2013) sets out that:"The Commission shall be empowered to adopt delegated acts, in accordance with Article 142, laying down the methodology to be used in carrying out the quality review of a major project."

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What for?

• To help the MS providing the right information about their major projects when choosing to submit them in accordance with Article 92.1 of the CPR;

• To ensure that major projects are subject to a reliable and comprehensive quality review;

• To ensure that a consistent approach is applied to all major projects subject to such a review.

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The delegated act set out the:

1. The relevant definitions;

2. The minimum criteria for bodies fulfilling the role of

independent experts;

3. The conditions to be fulfilled for the major-project review

assignment to start;

4. The general principles/criteria applicable for the

independent quality review; 5

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The delegated act set out the:

5.The methodology/steps for carrying out quality reviews

of major projects;

6. The conditions to be fulfilled by the independent

experts’ report to be considered ready for notification to

the Commission in accordance with Article 92(1) of the

CPR;

7. Parameters to be checked for compliance with the

applicable conditions;

8. Parameters for appraisal of quality.Photo credit: Kheng Guan Toh

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Steps necessary before the quality review of major projects

concerned can commence:

Where the quality review of major projects is supported by

technical assistance of the Commission, the Commission will

satisfy itself that the independent experts carrying out this

quality review fulfil the applicable criteria (the list proposed

is set out above in point 4.1 of the fiche).

Photo credit: Kheng Guan Toh

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Steps necessary before the quality review of major projects

concerned can commence:

Where the Member State engages independent experts other

than those supported by Commission technical assistance, it

should:

(a) verify that the body fulfilling the role of independent

experts comply with the applicable criteria (here set out in

the list proposed under point 4.1 of the Fiche);

(b) seek the agreement of the Commission;

(c) conclude with the independent experts an agreement in

writing.

Photo credit: Kheng Guan Toh

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Steps for carrying out quality reviews of major projects by Independent Experts:

1. review the major project information required by Article 91(1) of the CPR presented in the format set out by implementing act;

2. check the completeness, clarity, consistency and accuracy of the information;

3. verify the compliance of the project with applicable conditions set out in Annex 1 to this fiche;

4. communicate to the Member State any issues, provides recommendations, where appropriate;

5. draw up the independent experts’ report (template established by a separate implementing act).

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Quality aspects to be observed during the review

• Seven general quality criteria to be observed have been foreseen in point 4.3 of the Fiche;

• Three basic parameters to be checked are set in Annex 1 for the assessment of compliance with the CPR and the Fund-specific rules;

• Fifteen parameters (with sub- parameters) are set in Annex II to be checked for appraisal of quality (they follow the information requirements of article 91.1 and AF Implementing Act).

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Final steps:

1. The final independent experts' report, compliant with the requirements set out in section 4.5 of the Fiche, is presented to the Member State prior to the selection of a project by the Member State in accordance with Article 92 and Article 114(3) of the CPR;

2. The independent experts' report may be notified to the Commission in accordance with Article 92(1) of Regulation (EU) of the CPR if the independent experts conclude that they can provide a positive appraisal and the report has not lost its validity.

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Thank you for your attention!

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