Regulation (EU) 2018/1475 of the European Parliament and of the Council of 2 October 2018 laying down the legal framework of the European Solidarity Corps and amending Regulation (EU) No 1288/2013, Regulation (EU) No 1293/2013 and Decision No 1313/2013/EU
32018R1475
European Union
§ Article 28
Article 28(1), (2), (5) to (8) of Regulation (EU) No 1288/2013 shall apply to the European Solidarity Corps by analogy.
- Without prejudice to Article 28(3) of Regulation (EU) No 1288/2013, the national agency shall also be responsible for managing all stages of the project lifecycle of those actions of the European Solidarity Corps listed in the implementing acts referred to in Article 24 of this Regulation, in accordance with point (c)(v) and (vi) of Article 62(1) of Regulation (EU, Euratom) 2018/1046.
Article 21
European Commission
- The rules applying to the relationship between the Commission and a national agency shall be laid down, in accordance with the rules in Article 28 of Regulation (EU) No 1288/2013, in a written document. The document shall:
(a) stipulate the internal control standards for national agencies and the rules for the management of the Union funds for grant support by the national agencies;
(b) include the national agency work programme comprising the management tasks of the national agency to which Union support is provided;
(c) specify the reporting requirements for the national agency.
- The Commission shall each year make the following funds available to the national agency:
(a) funds for grant support in the participating country concerned for the actions of the European Solidarity Corps the management of which is entrusted to the national agency;
(b) a financial contribution in support of the management tasks of the national agency defined in accordance with point (b) of Article 29(4) of Regulation (EU) No 1288/2013.
- The Commission shall lay down the requirements for the national agency work programme. The Commission shall not make European Solidarity Corps funds available to the national agency before having formally approved the national agency's work programme, taking into account the principles as set out in Article 5(2) and Article 24.
- On the basis of the compliance requirements for national agencies referred to in Article 27(4) of Regulation (EU) No 1288/2013, the Commission shall review the national management and control systems, the national agency's management declaration and the opinion of the independent audit body thereon, taking due account of the information provided by the national authority on its monitoring and supervision activities with regard to the European Solidarity Corps.
- After assessing the yearly management declaration and the opinion of the independent audit body thereon, the Commission shall address its opinion and observations to the national agency and the national authority.
- In the event that the Commission cannot accept the yearly management declaration or the independent audit opinion thereon, or in the event of unsatisfactory implementation by the national agency of the Commission's observations, the Commission may implement any precautionary and corrective measures necessary to safeguard the Union's financial interests in accordance with point (c) of Article 131(3) of Regulation (EU, Euratom) 2018/1046.
- The Commission shall organise regular meetings and trainings with and for the network of national agencies in order to ensure coherent implementation of the European Solidarity Corps across all participating countries. The Commission shall regularly consult key stakeholders, including participating organisations, on the implementation of the European Solidarity Corps.
CHAPTER VII
CONTROL SYSTEM
Article 22
Principles of the control system
- The Commission shall take appropriate measures to ensure that, when actions financed under this Regulation are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportionate and dissuasive administrative and financial penalties.
- The Commission shall be responsible for the supervisory controls with regard to the European Solidarity Corps actions managed by the national agencies. It shall set the minimum requirements for the controls by the national agency and the independent audit body.
- National agencies shall be responsible for the primary controls of grant beneficiaries for the actions of the European Solidarity Corps which are entrusted to them. Those controls shall be proportionate and adequate and give reasonable assurance that the grants awarded are used as intended and in compliance with the applicable Union rules.
- With regard to the funds transferred to the national agencies, the Commission shall ensure proper coordination of its controls with the national authorities and the national agencies, on the basis of the single audit principle and following a risk-based analysis. This paragraph shall not apply to investigations carried out by the European Anti-Fraud Office (OLAF).
Article 23
Protection of the financial interests of the Union
- The Commission or its representatives and the Court of Auditors shall have the power of audit, on the basis of documents and of on-the-spot inspections, over all grant beneficiaries, contractors and subcontractors and other third parties who have received Union funds under the European Solidarity Corps. They may also conduct audits and carry out controls in relation to the national agencies.
- OLAF may carry out investigations, including on-the-spot checks and inspections of economic operators concerned directly or indirectly by such funding, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council
Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).
and Council Regulation (Euratom, EC) No 2185/96
Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).
, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant agreement or grant decision or a contract funded under the European Solidarity Corps.
- Without prejudice to paragraphs 1 and 2, cooperation agreements with third countries and with international organisations, contracts, grant agreements and grant decisions resulting from the implementation of this Regulation, shall contain provisions expressly empowering the Commission, the Court of Auditors and OLAF to conduct such audits and investigations, in accordance with their respective competences.
CHAPTER VIII
IMPLEMENTING PROVISIONS
Article 24
Implementation of the European Solidarity Corps
- In order to implement this Regulation, the Commission shall adopt work programmes, taking into account the priorities under the national solidarity policies, where such information is transmitted to the Commission, by way of implementing acts. Each work programme shall ensure that the general objective and the specific objectives set out in Articles 3 and 4 are implemented in a consistent manner and shall outline the expected results, the method of implementation and its total amount. The work programmes shall also contain a description of the actions to be financed, an indication of the amount allocated to each action, an indication of the distribution of funds between the participating countries for the actions to be managed through the national agencies and an indicative implementation timetable.
- For the budget managed through the national agencies, the implementing act shall allow the national agencies to allocate amounts between the main in-country and cross-border actions in a manner that is coherent with the priorities identified by the national solidarity policies, in accordance with Article 9(2) and within the limits established in the work programmes.
- Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25(2).
Article 25
Committee procedure
- The Commission shall be assisted by the committee established by Article 36 of Regulation (EU) No 1288/2013. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
- Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
CHAPTER IX
AMENDING AND FINAL PROVISIONS
Article 26
Amendments to Regulation (EU) No 1288/2013
Regulation (EU) No 1288/2013 is amended as follows:
(1) Article 13 is replaced by the following:
Article 13
Learning mobility of individuals
- Learning mobility of individuals shall support:
(a) the mobility of young people in non-formal and informal learning activities between the Programme countries; such mobility may take the form of youth exchanges, as well as innovative activities building on existing provisions for mobility;
(b) the mobility of persons active in youth work or youth organisations and youth leaders; such mobility may take the form of training and networking activities.
- This action shall also support the mobility of young people, as well as the mobility of persons active in youth work or youth organisations and youth leaders, to and from partner countries, in particular neighbourhood countries.;
(2) in Article 18, paragraphs 1, 2 and 3 are replaced by the following:
- The financial envelope for the implementation of the Programme as from 1 January 2014 is set at EUR 14542724000 in current prices.
- The amount referred to in paragraph 1 shall be allocated to the actions of the Programme as follows, with a margin of flexibility not exceeding 5 % of each of the allocated amounts:
(a) at least 80,8 % to education and training, from which the following minimum allocations shall be assigned:
(i) 44,3 % to higher education, representing 35,7 % of the total budget;
(ii) 21,4 % to vocational education and training, representing 17,3 % of the total budget;
(iii) 14,6 % to school education, representing 11,8 % of the total budget;
(iv) 4,9 % to adult learning, representing 3,9 % of the total budget;
(b) 8,6 % to youth;
(c) up to 1,5 % to the Student Loan Guarantee Facility;
(d) 1,9 % to Jean Monnet;
(e) 1,8 % to sport, of which no more than 10 % to the activity mentioned under point (b) of Article 17(1);
(f) 3,4 % as operating grants to national agencies;
(g) 1,8 % to cover administrative expenditure.
- Of the allocations referred to in points (a) and (b) of paragraph 2, at least 63 % shall be allocated to learning mobility of individuals, at least 27 % to cooperation for innovation and the exchange of good practices and at least 4,2 % to support for policy reform..
Article 27
Amendment to Regulation (EU) No 1293/2013
In Article 4 of Regulation (EU) No 1293/2013, the following paragraph is added:
- The sub-programme for Environment corresponding to the priority area Environment Governance and the sub-programme for Climate Action corresponding to the priority area Climate Governance and Information may finance projects within the meaning of Article 17(4) of this Regulation implemented by the European Solidarity Corps in accordance with Regulation (EU) 2018/1475 of the European Parliament and of the Council
Regulation (EU) 2018/1475 of the European Parliament and of the Council of 2 October 2018 on laying down the legal framework of the European Solidarity Corps and amending Regulation (EU) No 1288/2013, Regulation (EU) No 1293/2013 and Decision No 1313/2013/EU (OJ L 250, 4.10.2018, p. 1)..
, which contribute to one or more of the priority areas within the meaning of Articles 9 and 13 of this Regulation. Those projects shall be implemented solely in accordance with the Regulation (EU) 2018/1475, to the exclusion of the specific requirements of this Regulation.
Article 28
Amendment to Decision No 1313/2013/EU
In Article 19(1) of Decision No 1313/2013/EU, the following subparagraph is added after the second subparagraph:
The financial envelope derived from Heading 3 Security and Citizenship may finance actions implemented by the European Solidarity Corps in accordance with Regulation (EU) 2018/1475 of the European Parliament and of the Council
Regulation (EU) 2018/1475 of the European Parliament and of the Council of 2 October 2018 on laying down the legal framework of the European Solidarity Corps and amending Regulation (EU) No 1288/2013, Regulation (EU) No 1293/2013 and Decision No 1313/2013/EU (OJ L 250, 4.10.2018, p. 1)..
, which contribute to one or more of the Union priorities in the area of civil protection. Those actions shall be implemented solely in accordance with Regulation (EU) 2018/1475, to the exclusion of the specific requirements of this Decision.
Article 29
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 2 October 2018.
For the European Parliament
The President
A. Tajani
For the Council
The President
J. Bogner-Strauss
Annex
ANNEX
The European Solidarity Corps shall be closely monitored in order to measure the extent to which the general objective and the specific objectives have been achieved, as well as monitor its outputs, results and impacts. To that end, a minimum framework of indicators is laid down, to serve as a basis for a future detailed programme for monitoring the outputs, results and impacts of the European Solidarity Corps, including an extended set of qualitative and quantitative indicators, as referred to in Article 15(2):
Output indicators
(a) number of participants in volunteering (in-country and cross-border) broken down by country, age, gender, professional background and educational attainment;
(b) number of participants in traineeships (in-country and cross-border) broken down by country, age, gender, professional background and educational attainment;
(c) number of participants in jobs (in-country and cross-border) broken down by country, age, gender, professional background and educational attainment;
(d) number of participants in solidarity projects broken down by country, age, gender, professional background and educational attainment;
(e) number of organisations holding a quality label broken down by country and funding received;
(f) number of participating young people with fewer opportunities.
Result indicators (Composite indicators)
(g) number of participants reporting positive learning outcomes;
(h) percentage of participants whose learning outcomes have been recognised through a certificate such as Youthpass, or another type of formal recognition of their participation in the European Solidarity Corps;
(i) overall satisfaction rate of participants with regard to the quality of activities;
(j) number of people supported directly or indirectly through solidarity activities.
In addition, as appropriate, the coherence with key indicators for Youth as referred to in Annex I to Regulation (EU) No 1288/2013 shall be ensured.
Metadata
- Type
- Forordning
- År
- 2018
- Ikrafttrædelsesdato
- 1. januar 1970