revision of financial regulation & its implementing rules brussels, 16 november 2010
DESCRIPTION
Revision of Financial Regulation & Its Implementing Rules Brussels, 16 November 2010. SUMMARY. INTRODUCTION DELEGATED COOPERATION ASSIGNED REVENUES PROCUREMENT, GRANTS OTHER TYPES OF FINANCIAL CONTRIBUTION. 1. INTRODUCTION. Introduction Context. - PowerPoint PPT PresentationTRANSCRIPT
1
EuropeAidRevision of Revision of
Financial Regulation & Financial Regulation &
Its Implementing RulesIts Implementing Rules
Brussels, 16 November 2010Brussels, 16 November 2010
2
EuropeAidSUMMARY
1. INTRODUCTION
2. DELEGATED COOPERATION
3. ASSIGNED REVENUES
4. PROCUREMENT, GRANTS OTHER TYPES OF FINANCIAL CONTRIBUTION
3
EuropeAid
1INTRODUCTION
4
EuropeAidIntroductionContext
• Wider context: preparation for the post-2013 programmes will also be under way
• Calendar: Entry into force of the package: the latest by 1 June 2012.
• Main areas of simplification:o Delegated cooperationo Assigned revenues & establishment of Trust Fundso Grantso Procurement
5
EuropeAid
2DELEGATED COOPERATION
6
EuropeAid
Management modes New structure
Direct management Indirect management
EU Budget
Heads of Delegation
TWO main categories
Member States
(shared management)
Third countries International organisations National agencies EIB-EIF / Financial institutions Public & Private Partnerships CFSP Missions Regulatory agencies
7
EuropeAidManagement modes (2)New structure (1)
More entities for indirect management
• Same bodies as before:o Member States (sub-category - shared management)o national public service mission bodieso beneficiary countrieso bodies under art 185 (“traditional agencies”)o persons under CFSPo EIB/EIF and o international organisations
… but also new type of entities: PPP, FI
8
EuropeAidManagement modes (3)New structure (2)
New elements relating to existing entities• “EU Member States”:
o Delegations to Member States will continue to be done under “shared management” (it is not ICM!)
o In External action, it is very exceptional:• IPA: cross-border cooperation• ENPI: cross-border cooperation
• International Organisations:o Other organisations assimilated by Commission decisiono No more limited to three caseso EIB/EIF not anymore considered international organisations (ad hoc
category)
Note: Executive Agencies – it is now direct management!
9
EuropeAidManagement Modes (4)New structure (3)
New entities! • Public Private Partnerships: cooperation between public
authorities and private sector for performance of public contracts or concessions:
o Established in Member States; ORo Established by a Basic Act
• Financial Institution implementing “financial instruments”:o EU MS is a shareholder ORo Established in a EU MS with a public service missiono If use of intermediaries: (i) they must satisfy same criteria;
and (ii) no located in non-cooperative jurisdictions
10
EuropeAidManagement Modes (5)Ex ante assessment
Harmonization of pillars
• Limitation to 4 pillars: procurement/grants/financial instruments; accounting; internal control and audit
• Clarification of standards for pillars:o Audit: international standardso Internal control: international standardso Accounting: international standardso Procurement/Grants (general principles)/Financial instruments
(principles of FR)
• New! National agencies will be able to apply their procedures for grants
11
EuropeAidManagement Modes (6)Ex ante assessment (2)
Alignment and mutual recognition• Who does the ex ante assessment? RAO, but he/she can rely on
assessment by:
o other RAO if conclusions are relevant to the specific risks of tasks to be entrusted (nature and amounts)
o New! Other donor (only for third countries) if same criteria and standards as benchmarks (cf. EU Operational Framework for Aid Effectiveness, Part II, Section B)
o Exception: EIB/EIF ex ante assessment will only be made once for all future implementation of financial instruments
12
EuropeAidManagement Modes (7)Obligations in indirect management
13
EuropeAidManagement Modes (8)Deadlines for signature and contracts
More clarity and flexibility (art 166 FR & 34d IR)
• All agreements for indirect management concluded between the EU and delegatees by 31 December N+1;
• Contracts concluded by the delegatees to implement the action, concluded in D+3, except for multi-donor actions;
• Conclusions:o Alignment to all cases of indirect management;o More flexibility for agreements with National Agencies:
• Under current rules if there is no FA, contracts should be signed in N+1;
• More flexibility for multi-donor actions.
14
EuropeAidManagement Modes (9)Procedures
More consistency and simplification (Art 43b IR)
• Procurement: “international standards” specified (principles of transparency, non discrimination, competition) – reference to the EU Directives
• Grants: new for EU budget! procedures can also be used by national agencies if compliant with the principles mentioned (non-retroactivity, co-financing, etc).
15
EuropeAidManagement Modes (10)Control issues
Reinforcement of assurance/control (art 53b(5) FR)
• Obligation to provide the Commission with*:o financial and narrative report and summary of results of
all available audits and controls carried out concerning the action by 1 February
o a management declaration of assurance by 1 February*o an audit opinion on the DAS by 15 March*
• Clearance of accounts procedures applicable to all indirect management entities (art 34cb IR)
* Flexibility to be negotiated with IO and third countries
16
EuropeAidManagement Modes (11)Conclusions
What is new for national agencies?
• Only four pillars.
• New obligations: data protection, reinforced assurance.
• Possibility to recognise “assessments” made by national agencies of procedures of beneficiary countries.
• More flexibility for contractualisation period (D+3 or more in cases of multi-donor actions).
• Possibility to use its own grant procedures.
17
EuropeAid
3ASSIGNED REVENUES
18
EuropeAidAssigned revenues: Transfer Agreements
• More potential donors: legal entities (i.e. private foundations) and natural persons;
• No requirement of authorization by Basic Act: new possibility for actions without Basic Act (i.e. joint evaluations);
• Flexibility for the priority rule: if an action is not completed the funds from donors can be reimbursed;
• Carry over provision (for both operational and administrative expenditure) for the whole duration of the action;
19
EuropeAidAssigned revenues: Transfer Agreements (2)
• Making available commitment appropriations:
o With Member States in EURO: upon signature of Transfer Agreement for the whole amount indicated in the Agreement
o With Member States in another currency: upon actual receipt of funds
20
EuropeAid
4PROCUREMENT, GRANTS & OTHER TYPES OF FINANCIAL CONTRIBUTION
21
EuropeAidProcurementNew thresholds – Service contracts
CURRENT THRESHOLDS PROPOSED THRESHOLDS
> 200,000 International restricted > 300,000 International restricted
10,000 –
200, 000
FWC (where possible) /
Competitive Negotiated
20,000-300,000 FWC / Competitive
negotiated / AMI
0 – 10,000 Single tender 2,500-20,000 Single tender
0-2,500 Invoice
22
EuropeAidProcurementNew thresholds – Supply contracts
CURRENT THRESHOLDS PROPOSED THRESHOLDS
> 150,000 International open > 300,000 International open
60,000-150,000 Local open 100,000-300,000 FWC / Local open
10,000-60,000 Competitive negotiated 100,000 -20,000 FWC / Competitive
negotiated
0-10,000 Single tender 2,500 -20,000 Single tender
0-2,500 Invoice
23
EuropeAidProcurementNew thresholds – Work contracts
CURRENT THRESHOLDS PROPOSED THRESHOLDS
> 5,000,000 International open /
International restricted
(exceptional)
> 5,000,000 International open /
International restricted
300,000-5,000,000 Local open 300,000-5,000,000 Local open
10,000-300,000 Competitive negotiated 20,000-300,000 Competitive negotiated
0-10,000 Single tender 0-20,000 Single tender
24
EuropeAidProcurementNew cases for negotiated procedure
• All: Replacement of contractor - where an new contract has to be concluded after early termination of an existing contract
• Services: o Extension of services already started: The
extension of the contract not limited to a single one (value and duration shall not exceed the value and the duration of the initial contract)
o Legal services: competitive negotiated procedure (regardless of value of contract)
25
EuropeAidProcurement Other
• Eligibility rules for participation in procurement procedures without Basic Act: possibility of third country nationals
• Quality standards: no limitation to European standards
• Avoid overregulation: rules mandated by IR would be transferred to PRAG/Instruction Notes
26
EuropeAidProcurement & GrantsGuarantees on pre-financing
CURRENT RULES PROPOSED RULES
Procurement - pre-financing > 150.000
- where financial capacity is not
assessed
- possible waiver: public bodies
Procurement - AO Risk assessment
- where financial
capacity is not assessed
Grants - pre-financing > 60.000 and > 80
% of the grant value
- NGO: pre-financing > 1,000,000
or > 90% of the grant value
- possible waiver: public bodies
and international organizations
Grants - AO Risk assessment
27
EuropeAidProcurement & GrantsExclusion Cases
• New cases: o New illegal activity: Money laundering;o Persons with powers of representation, decision making
or control over tenderers/candidates/applicants: illegal activities and professional conduct offence
• On the basis of decisions taken by:o Professional misconduct: ALSO decisions of EIB and
international organizations o Professional conduct offence: ONLY Member State
authorities
28
EuropeAidProcurement & GrantsExclusion Cases (2)
• Two additional exceptions to the obligation to exclude:
o Candidates/tenderers/applicants that have taken adequate measures against persons having powers of representation
o Captive situations (monopoly) in order to ensure continuity of service: In case of bankruptcy and analogous situations; grave professional misconduct and non compliance with social obligations
29
EuropeAidGrantsPerformance based grants
• Output control vs. Input control
• Tools:
o Simplification of lump sums: ex ante methodology or on the basis of budget submitted by applicant
o “Factual audits”: was the output of the grant effectively achieved?
30
EuropeAidGrantsSub-granting
CURRENT RULES PROPOSED RULES
• It cannot be the primary aim of
the action
• Conditions for giving financial
support are defined in the
contract: activities
• Amounts are small: total <
100,000 and each < 10,000
• The beneficiary offers adequate
guarantees as regards the
recovery.
• Conditions for giving financial
support are defined in the
contract: activities,
persons/categories, procedures
• Amounts are small: each <
50,000
31
EuropeAidGrantsRules on pre-financing
CURRENT RULES PROPOSED RULES
< 250,000 Not due Interest is not due unless
otherwise provided in
agreements.
Interest shall be re-used for the
corresponding programme.
250,000 –
750,000
Deducted from
final payment
> 750,000 Annual
Recovery
32
EuropeAidGrantsOther
• Deadline for submission of applications: By post/courier service: deadline = receipt by the contracting authority and not date of dispatch
• Co- financing: o more flexibility for 100% financingo Total costs vs. Eligible costs
• Non profit:o Broader exception (only for external actions): generation of
income was provided in the agreement and where it is reinvested to ensure the sustainability of the action
o Profit is recovered on a pro rata basis
33
EuropeAidGrantsOther (2)• Direct award: updated definition of “crisis situation”
• Operating grants: clarification of bodies pursuing aims of general European interest: not only European bodies
• Low value grants > 50,000 EUR (eligibility check)
• No obligation to have selection procedure with Evaluation Committee in case of direct award of grants
• Extrapolation of errors:o Recurrent errors by one beneficiary proven by controls/audit with
impact on non-audited projecto Extension of findings to non audited projects and request
reimbursement
34
EuropeAidNew category of financial contribution:Prizes and financial instruments
• Prizes are not anymore regarded as grants: new specific rules
• Financial instruments:o Loans, guarantees, equity/quasi-equity investments or
participations, other risk-bearing instruments, possibly combined with grants
o Principles shall also apply to directly related elements (i.e. technical assistance)
o Implemented: directly or indirectly (EIB, EIF, any other financial institution)
35
EuropeAidFurther information• On EuropeAid:
http://ec.europa.eu/europeaid/index_en.htm
• On the speakers:
Javier RAYA AGUADOHead of Contractual matters [email protected]
Dolores DOMINGUEZ PEREZContractual matters [email protected]
Unit G7: Financial and contractual matters, and legal affairs