Legal provisions of COM(2011)758 - For the period 2014 to 2020 the Rights and Citizenship Programme

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dossier COM(2011)758 - For the period 2014 to 2020 the Rights and Citizenship Programme.
document COM(2011)758 EN
date December 17, 2013

Article 1 - Establishment and duration of the Programme

1. This Regulation establishes a Rights, Equality and Citizenship Programme ('the Programme').

2. The Programme shall cover the period from 1 January 2014 to 31 December 2020.

Article 2 - European added value

1. The Programme shall finance actions with European added value. To that end, the Commission shall ensure that the actions selected for funding are intended to produce results with European added value.

2. The European added value of actions, including that of small-scale and national actions, shall be assessed in the light of criteria such as their contribution to the consistent and coherent implementation of Union law, and to wide public awareness about the rights deriving from it, their potential to develop mutual trust among Member States and to improve cross-border cooperation, their transnational impact, their contribution to the elaboration and dissemination of best practices or their potential to contribute to the creation of minimum standards, practical tools and solutions that address cross-border or Union-wide challenges.

Article 3 - General objective

The general objective of the Programme shall be to contribute, in accordance with Article 4, to the further development of an area where equality and the rights of persons as enshrined in the TEU, in the TFEU, in the Charter and in the international human rights conventions to which the Union has acceded, are promoted, protected and effectively implemented.

Article 4 - Specific objectives

1. To achieve the general objective set out in Article 3, the Programme shall have the following specific objectives:

(a)to promote the effective implementation of the principle of non -discrimination on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, and to respect the principle of non-discrimination on the grounds provided for in Article 21 of the Charter;

(b)to prevent and combat racism, xenophobia, homophobia and other forms of intolerance;

(c)to promote and protect the rights of persons with disabilities;

(d)to promote equality between women and men and to advance gender mainstreaming;

(e)to prevent and combat all forms of violence against children, young people and women, as well as violence against other groups at risk, in particular groups at risk of violence in close relationships, and to protect victims of such violence;

(f)to promote and protect the rights of the child;

(g)to contribute to ensuring the highest level of protection of privacy and personal data;

(h)to promote and enhance the exercise of rights deriving from citizenship of the Union;

(i)to enable individuals in their capacity as consumers or entrepreneurs in the internal market to enforce their rights deriving from Union law, having regard to the projects funded under the Consumer Programme.

2. The specific objectives of the Programme shall be pursued through, in particular:

(a)enhancing awareness and knowledge of Union law and policies as well as of the rights, values and principles underpinning the Union;

(b)supporting the effective, comprehensive and consistent implementation and application of Union law instruments and policies in the Member States and the monitoring and evaluation thereof;

(c)promoting cross-border cooperation, improving mutual knowledge and enhancing mutual trust among all stakeholders;

(d)improving knowledge and understanding of potential obstacles to the exercise of rights and principles guaranteed by the TEU, the TFEU, the Charter, international conventions to which the Union has acceded, and secondary Union legislation.

Article 5 - Types of actions

1. The Programme shall finance inter alia the following types of actions:

(a)analytical activities, such as the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; the elaboration and publication of guides, reports and educational material; workshops, seminars, experts' meetings and conferences;

(b)training activities, such as staff exchanges, workshops, seminars, train-the-trainer events and the development of online training tools or other training modules;

(c)mutual learning, cooperation, awareness-raising and dissemination activities, such as the identification of, and exchanges concerning, good practices, innovative approaches and experiences; the organisation of peer reviews and mutual learning; the organisation of conferences, seminars, media campaigns, including in the online media, information campaigns, including institutional communication on the political priorities of the Union as far as they relate to the objectives of the Programme; the compilation and publication of materials to disseminate information about the Programme and its results; the development, operation and maintenance of systems and tools using information and communication technologies;

(d)support for main actors whose activities contribute to the implementation of the objectives of the Programme, such as support for NGOs in the implementation of actions with European added value, support for key European actors, European-level networks and harmonised services of social value; support for Member States in the implementation of Union law and policies; and support for networking activities at European level among specialised bodies and entities as well as national, regional and local authorities and NGOs, including support by way of action grants or operating grants.

2. In order to ensure an inclusive perspective, beneficiaries shall encourage the participation of relevant target groups in actions financed by the Programme.

Article 6 - Participation

1. Access to the Programme shall be open to all bodies and entities legally established in:

(a)Member States;

(b)European Free Trade Association (EFTA) countries which are parties to the Agreement on the European Economic Area, in accordance with that Agreement;

(c)candidate countries, potential candidates and countries acceding to the Union, in accordance with the general principles and the general terms and conditions laid down for the participation of those countries in the Union programmes established in the respective Framework Agreements and Association Council decisions, or similar agreements.

2. Bodies and entities which are profit-oriented shall have access to the Programme only in conjunction with non-profit or public organisations.

3. Bodies and entities legally established in third countries, other than those participating in the Programme in accordance with points (b) and (c) of paragraph 1, in particular countries where the European Neighbourhood Policy applies, may be associated to the actions of the Programme at their own cost, if this serves the purpose of those actions.

4. The Commission may cooperate with international organisations under the conditions laid down in the relevant annual work programme. Access to the Programme shall be open to international organisations active in the areas covered by the Programme in accordance with the Financial Regulation and the relevant annual work programme.

Article 7 - Budget

1. The financial envelope for the implementation of the Programme for the period 2014 to 2020 is set at EUR 439 473 000.

2. The financial allocation of the Programme may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities which are required for the management of the Programme and the assessment of the achievement of its objectives. The financial allocation may cover expenses relating to the necessary studies, meetings of experts, information and communication actions, including institutional communication of the political priorities of the Union, in so far as they are related to the general objectives of this Regulation, as well as expenses linked to information technology networks focusing on information processing and exchange; and other technical and administrative assistance needed in connection with the management of the Programme by the Commission.

3. The annual appropriations shall be authorised by the European Parliament and the Council within the limits of the multiannual financial framework established by Council Regulation (EU, Euratom) No 1311/2013 (17).

4. Within the financial envelope for the Programme, amounts shall be allocated to each group of specific objectives in accordance with the percentages set out in the Annex.

5. The Commission shall not depart from the allocated percentages of the financial envelope, as set out in the Annex, by more than 5 percentage points for each group of specific objectives. Should it prove necessary to exceed that limit, the Commission shall be empowered to adopt delegated acts in accordance with Article 8 to modify each of the figures in the Annex by more than 5 and up to 10 percentage points.

Article 8 - Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 7(5) shall be conferred on the Commission for the duration of the Programme.

3. The delegation of power referred to in Article 7(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5. A delegated act adopted pursuant to Article 7(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

Article 9 - Implementing measures

1. The Commission shall implement the Programme in accordance with the Financial Regulation.

2. In order to implement the Programme, the Commission shall adopt annual work programmes in the form of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10(2).

3. Each annual work programme shall implement the objectives of the Programme by determining the following:

(a)the actions to be undertaken, in accordance with the general and specific objectives set out in Article 3 and Article 4(1), including the indicative allocation of financial resources;

(b)the essential eligibility, selection and award criteria to be used to select the proposals which are to receive financial contributions in accordance with Article 84 of the Financial Regulation and with Article 94 of its Rules of Application;

(c)the minimum percentage of annual expenditure to be allocated to grants.

4. Appropriate and fair distribution of financial support between different areas covered by the specific objectives referred to in Article 4(1) shall be ensured, while taking into account the level of funding already allocated under the previous 2007-2013 programmes established by the Decisions referred to in Article 15. When deciding on the allocation of funds to those areas in the annual work programmes, the Commission shall take into consideration the need to maintain sufficient funding levels and shall ensure continuity of actions and predictability of funding in all areas covered by the specific objectives set out in Article 4(1).

5. Calls for proposals shall be published on an annual basis.

Article 10 - Committee procedure

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 11 - Complementarity

1. The Commission, in cooperation with the Member States, shall ensure overall consistency and complementarity and synergies with other Union instruments including, inter alia, the Justice Programme, the 'Europe for Citizens' Programme and the European Union Programme for Employment and Social Innovation, and with other programmes in the areas of employment and social affairs; home affairs, health and consumer protection; education, training, youth and sport; the information society; and enlargement, in particular the Instrument for Pre-accession Assistance (IPA II) and the European Structural and Investment Funds.

2. The Commission shall also ensure overall consistency, complementarity and synergies with the work of the Union bodies, offices and agencies operating in areas covered by the objectives of the Programme.

3. The Programme may share resources with other Union instruments, in particular the Justice Programme, in order to implement actions meeting the objectives of both programmes. An action for which funding has been awarded from the Programme may also give rise to the award of funding from the Justice Programme, provided that the funding does not cover the same cost items.

Article 12 - Protection of the financial interests of the Union

1. The Commission shall take appropriate measures ensuring that, when actions financed under the Programme 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 amounts wrongly paid and, where appropriate, by effective, proportionate and dissuasive administrative and financial penalties.

2. The Commission or its representatives and the Court of Auditors shall have the power of audit, both on the basis of documents and on the spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds under the Programme.

3. The European Anti-Fraud Office (OLAF) may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (18) and in Council Regulation (Euratom, EC) No 2185/96 (19) with a view to establishing whether fraud, corruption or any other illegal activity has occurred affecting the financial interests of the Union in connection with a grant agreement or grant decision or a contract funded under the Programme.

4. Without prejudice to paragraphs 1, 2 and 3, cooperation agreements with third countries and with international organisations, grant agreements, grant decisions and contracts, resulting from the implementation of the Programme shall contain provisions expressly empowering the Commission, the Court of Auditors and OLAF to conduct the audits and investigations referred to in those paragraphs, in accordance with their respective competences.

Article 13 - Monitoring and evaluation

1. The Commission shall monitor the Programme annually in order to follow the implementation of actions carried out under it and the achievement of the specific objectives set out in Article 4. The monitoring shall also provide a means of assessing the way in which gender equality, non-discrimination and child protection issues have been addressed across the Programme's actions.

2. The Commission shall provide the European Parliament and the Council with:

(a)an annual monitoring report based on the indicators set out in Article 14(2) and on the use of the available funds;

(b)an interim evaluation report by 30 June 2018;

(c)an ex-post evaluation report by 31 December 2021.

3. The interim evaluation report shall assess the achievement of the Programme's objectives, the efficiency of the use of resources and the Programme's European added value with a view to determining whether funding in areas covered by the Programme should be renewed, modified or suspended after 2020. It shall also address the scope for any simplification of the Programme, its internal and external coherence, and the continued relevance of all objectives and actions. It shall take into account the results of the ex-post evaluations of the previous 2007-2013 programmes established by the Decisions referred to in Article 15.

4. The ex-post evaluation report shall assess the long-term impact of the Programme and the sustainability of the effects of the Programme, with a view to informing a decision on a subsequent programme.

Article 14 - Indicators

1. In accordance with Article 13, the indicators set out in paragraph 2 of this Article shall serve as a basis for monitoring and evaluating the extent to which each of the Programme's specific objectives set out in Article 4 has been achieved through the actions provided for in Article 5. They shall be measured against pre-defined baselines reflecting the situation before implementation. Where relevant, indicators shall be broken down by, inter alia, sex, age and disability.

2. The indicators referred to in paragraph 1 shall include, inter alia, the following:

(a)the number and percentage of persons in a target group reached by the awareness-raising activities funded by the Programme;

(b)the number of stakeholders participating in, inter alia, training activities, exchanges, study visits, workshops and seminars funded by the Programme;

(c)the improvement in the level of knowledge of Union law and policies and, where applicable, of rights, values and principles underpinning the Union, in the groups participating in activities funded by the Programme compared to with the entire target group;

(d)the number of cases, activities and outputs of cross-border cooperation;

(e)participants' assessment of the activities in which they participated and of their (expected) sustainability;

(f)the geographical coverage of the activities funded by the Programme;

(g)the number of applications and grants related to each specific objective;

(h)the level of funding requested by applicants and granted in relation to each specific objective.

3. In addition to the indicators set out in paragraph 2, the interim and ex-post evaluation reports of the Programme shall assess, inter alia:

(a)the European added value of the Programme, including an evaluation of the Programme's activities in the light of similar initiatives which have been developed at national or European level without support from Union funding and their (expected) results; and the advantages and/or disadvantages of Union funding compared to national funding for the type of activity in question;

(b)the level of funding in relation to the outcomes achieved (efficiency);

(c)the possible administrative, organisational and/or structural obstacles to the smoother, more effective and efficient implementation of the Programme (scope for simplification).

Article 15 - Transitional measures

Actions initiated on the basis of section 4 ("Antidiscrimination and diversity") and section 5 ("Gender equality") of Decision No 1672/2006/EC, Decision 2007/252/EC or Decision No 779/2007/EC shall continue to be governed by the provisions of those Decisions until their completion. In respect of those actions, reference to the committees provided for in Article 13 of Decision No 1672/2006/EC, in Article 10 of Decision 2007/252/EC and in Article 10 of Decision No 779/2007/EC shall be interpreted as references to the committee provided for in Article 10(1) of this Regulation.

Article 16 - 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.