EUROPEAN COMMISSION Regional Policy - Finance & Budget EN Triennal revision of the Financial Regulation : Context - Commission proposal on the revision of the financial regulation COM (2010) 260 of 28 May 2010 - Followed by a consolidation of the proposed modifications to be brought into the Financial Regulation in COM (2010) 815 of 22 December 2010 EUROPEAN COMMISSION Regional Policy - Finance & Budget EN Background of the changes affecting Cohesion policy Accountability of Member States will be reinforced in line with Art. 317 TFEU: Context • Member States shall cooperate with the Commission to ensure that the appropriations are used in accordance with the principles of sound financial management. • The Financial Regulations shall lay down the control and audit obligations of the Member States in the implementation of the budget and the resulting responsibilities. EUROPEAN COMMISSION Regional Policy - Finance & Budget EN Context Purpose of the changes affecting Cohesion policy • Clarifying and reinforcing the respective responsibilities of the Commission and of the Member states in shared management • Reinforcing the chain of accountability between the Member states and the Commission under shared management • Introduction of a tolerable risk of error to have controls adjusted to the level of risks and costs EUROPEAN COMMISSION Regional Policy - Finance & Budget EN Key changes proposed for shared management 2014+ Proposal • Accreditation process • Management declaration of assurance • Timely clearance of accounts/irregularities EUROPEAN COMMISSION Regional Policy - Finance & Budget EN Timing • Timing of the revision of the FR Timing June 2010 - 2011: Negotiations with Council and EP. Adoption of the Financial Regulation subject to ordinary legislative procedure End 2011: Planned adoption of FR January 2012 : Planned entry into force of FR • Entry into force of the modifications : New provisions on shared management will apply from the date of entry into application of the rules applicable to Structural Funds after 2013 For 2007-2013 programmes current rules will continue to apply EUROPEAN COMMISSION Regional Policy - Finance & Budget EN HOW DOES THE REVISED FINANCIAL REGULATION AFFECT COHESION POLICY AND ETC PROGRAMMES? EUROPEAN COMMISSION Regional Policy - Finance & Budget EN Accreditation Accreditation ETC specificities • National accreditation of the MA/CA on the basis of criteria fixed in sector specific rules • No supervision by the Commission of OPs below 250 Meuros • No ex-ante compulsory validation of the audit strategy • Continuous supervision of activities of the accredited body by the accrediting authority. Possibility of withdrawal of accreditation Accreditation of the MA by the hosting MS EUROPEAN COMMISSION Regional Policy - Finance & Budget EN Certification and assurance system • MA can exercise the functions of CA Certification and assurance ETC specificities • Certification of expenditure to the Commission once a year (1st February) – Management declaration; – Independent audit opinion. – Annual accounts; – Annual summaries. • Basis for Commission assurance Assurance shall be given by the MA located in a given MS for expenditure incurred in another MS MA exercises the functions of CA EUROPEAN COMMISSION Regional Policy - Finance & Budget EN ETC specificities in Management and control structures ETC specificities • 1rst level checks by MA or controllers in each participating MS By principle the MA is responsible for the controls on the whole territority of the OP If not possible designation of controllers, unless an EGTC is MA The controlers should be the same than those of Investment for growth programmes or external programmes • AA in the MS hosting MA • AA assisted by a Group of Auditors EUROPEAN COMMISSION Regional Policy - Finance & Budget EN ECT Management and control structures 2014-2020 Management and Control Managing Authority Audit Authority • First level controls • Payments to beneficiaries • Declaration of expenditure to the EC • Submission of annual accounts and management • Declarations to EC • Independent audit of the management control systems • Expenditure and accounts • Annual audit opinion prepared for the EC EUROPEAN COMMISSION Regional Policy - Finance & Budget EN Clearance of accounts and closure Clearance of accounts and closure • Timely clearance of accounts strengthening the discharge exercise • Rolling closure of operations starting of the related 3 years period of retention of documents • Simplified closure of programmes No specificities. ETC specificities Accounting year and clearance of accounts Compulsory interim payment application Accounting year 1 July N-1 Dec N-1 Audit reference period Clearance of accounts 30 Jun 31 Jul N N Dec 1 Feb N+1 N Preparation of the annual accounts, management declaration, summary audit report, audit opinion 30 Apr 30 Jun N+1 N+1 EUROPEAN COMMISSION Regional Policy - Finance & Budget EN Resulting financial flows for 2014-2020 Financial flows ETC specificities • Annual pre-financing paid at the beginning of each year from 2016: 2% in 2016 2.5% from 2017 till 2022 • Regular submission of payment claims with a compulsory statement of expenditure at the end of accounting year • Interim payment by Commission limited annually to 90% of amount calculated • Remaining 10% to be released after clearance of accounts N+3 decommitment commitment) rule (except first EUROPEAN COMMISSION Regional Policy - Finance & Budget EN Thank you for your attention