Legal provisions of COM(2018)383 - Rights and Values programme - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2018)383 - Rights and Values programme. |
|---|---|
| document | COM(2018)383  |
| date | April 28, 2021 |
Contents
CHAPTER I - GENERAL PROVISIONS
Article 1
Subject matter
This Regulation establishes the Citizens, Equality, Rights and Values Programme (the ‘Programme’) for the duration of the multiannual financial framework 2021-2027, as laid down in Regulation (EU, Euratom) 2020/2093.
It lays down the objectives of the Programme, the budget for the period 2021–2027, the forms of Union funding and the rules for providing such funding.
Article 2
Programme objectives
1. The general objective of the Programme is to protect and promote rights and values as enshrined in the Treaties, the Charter and the applicable international human rights conventions, in particular by supporting civil society organisations and other stakeholders active at local, regional, national and transnational level, and by encouraging civic and democratic participation, in order to sustain and further develop open, rights-based, democratic, equal and inclusive societies which are based on the rule of law.
2. Within the general objective set out in paragraph 1, the Programme shall have the following specific objectives, which correspond to strands:
| (a) | to protect and promote Union values (Union values strand); |
| (b) | to promote rights, non-discrimination and equality, including gender equality, and to advance gender mainstreaming and the mainstreaming of non-discrimination (equality, rights and gender equality strand); |
| (c) | to promote citizens’ engagement and participation in the democratic life of the Union and exchanges between citizens of different Member States, and to raise awareness of their common European history (citizens’ engagement and participation strand); |
| (d) | to fight violence, including gender-based violence (Daphne strand). |
Article 3
Union values strand
Within the general objective set out in Article 2(1) and within the specific objective set out in point (a) of Article 2(2), the Programme shall focus on protecting, promoting and raising awareness of rights by providing financial support to civil society organisations which are active at local, regional, national and transnational level in promoting and cultivating those rights, thereby also strengthening the protection and promotion of Union values and respect for the rule of law and contributing to the construction of a more democratic Union, democratic dialogue, transparency and good governance.
Article 4
Equality, rights and gender equality strand
Within the general objective set out in Article 2(1) and within the specific objective set out in point (b) of Article 2(2), the Programme shall focus on:
| (1) | promoting equality and preventing and combating inequalities and discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, and respecting the principle of non-discrimination on the grounds provided for in Article 21 of the Charter; |
| (2) | supporting, advancing and implementing comprehensive policies aimed at:
|
| (3) | protecting and promoting Union citizenship rights and the right to the protection of personal data. |
Article 5
Citizens’ engagement and participation strand
Within the general objective set out in Article 2(1) and within the specific objective set out in point (c) of Article 2(2), the Programme shall focus on:
| (1) | supporting projects aimed at remembering defining moments in modern European history, such as the coming to power of authoritarian and totalitarian regimes, including the causes and consequences thereof, and projects aimed at raising awareness among European citizens of their common history, culture, cultural heritage and values, thereby enhancing their understanding of the Union, of its origins, purpose, diversity and achievements and of the importance of mutual understanding and tolerance; |
| (2) | promoting citizens’ and representative associations’ participation in and contribution to the democratic and civic life of the Union by enabling them to make known and publicly exchange their views in all areas of Union action; |
| (3) | promoting exchanges between citizens of different countries, in particular through town-twinning and networks of towns, so as to afford them practical experience of the richness and diversity of the common heritage of the Union and to make them aware that such richness and diversity constitute a solid foundation for a common future. |
Article 6
Daphne strand
Within the general objective set out in Article 2(1) and within the specific objective set out in point (d) of Article 2(2), the Programme shall focus on:
| (1) | preventing and combating at all levels all forms of gender-based violence against women and girls and domestic violence, including by promoting the standards laid down in the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention); |
| (2) | preventing and combating all forms of violence against children, young people and other groups at risk, such as LGBTIQ persons and persons with disabilities; |
| (3) | supporting and protecting all direct and indirect victims of the forms of violence referred to in points (1) and (2), such as the victims of domestic violence perpetrated within the family or within intimate relationships, including children orphaned as a result of domestic crimes, and supporting and ensuring the same level of protection throughout the Union for victims of gender-based violence. |
Article 7
Budget
1. The financial envelope for the implementation of the Programme for the period from 1 January 2021 to 31 December 2027 shall be EUR 641 705 000 in current prices.
2. As a result of the Programme-specific adjustment provided for in Article 5 of Regulation (EU, Euratom) 2020/2093, the amount set out in paragraph 1 of this Article shall be increased by an additional allocation of EUR 800 000 000 in 2018 prices as specified in Annex II to that Regulation.
3. Within the amount set out in paragraph 1, the following indicative amounts shall be allocated to the following objectives:
| (a) | EUR 297 366 097 in current prices, i.e. 46,34 % of the financial envelope, for the specific objectives set out in point (a) of Article 2(2); |
| (b) | EUR 169 410 120 in current prices, i.e. 26,4 %, of the financial envelope, for the specific objectives set out in points (b) and (d) of Article 2(2); |
| (c) | EUR 174 928 783 in current prices, i.e. 27,26 % of the financial envelope, for the specific objectives set out in point (c) of Article 2(2). |
4. Within the amount set out in paragraph 2, the following indicative amounts shall be allocated to the following objectives:
| (a) | 43,00 %, up to EUR 344 000 000 in 2018 prices, for the specific objectives set out in point (a) of Article 2(2); |
| (b) | 23,07 %, up to EUR 184 560 000 in 2018 prices, for the specific objectives set out in points (b) and (d) of Article 2(2); |
| (c) | 23,93 %, up to EUR 191 440 000 in 2018 prices, for the specific objectives set out in point (c) of Article 2(2); |
| (d) | 10,00 %, up to EUR 80 000 000 in 2018 prices, for any of the objectives set out in Article 2(2). |
5. Within the amounts set out in points (a) and (b) of paragraph 3 and points (a) and (b) of paragraph 4, at least 50 % shall be allocated to support activities carried out by civil society organisations, of which at least 40 % shall be allocated to local and regional civil society organisations.
6. Within the amount set out in point (b) of paragraph 3 and point (b) of paragraph 4, at least 40 % shall be allocated to support activities to prevent and combat at all levels all forms of gender-based violence and at least 15 % to activities promoting women’s full enjoyment of rights; gender equality, including work-life balance; women’s empowerment; and gender mainstreaming.
7. Within the amount set out in point (c) of paragraph 3 and point (c) of paragraph 4, at least 65 % shall be allocated to democratic participation and 15 % to remembrance activities.
8. The Commission shall not depart from the allocated percentages of programme funds set out in paragraph 6 and 7 by more than ten percentage points.
9. The amounts set out in paragraphs 1 and 2 may be allocated for technical and administrative assistance for the implementation of the Programme, such as preparatory, monitoring, control, audit and evaluation activities, including corporate information technology systems, studies, meetings of experts and communications on priorities and areas related to the general objectives of the Programme.
10. In accordance with point (a) of the second subparagraph of Article 193(2) of the Financial Regulation, taking into account the delayed entry into force of this Regulation and in order to ensure continuity, for a limited period, costs incurred in respect of actions supported under this Regulation may be considered eligible as of 1 January 2021, even if they were incurred before the grant application was submitted.
11. Resources allocated to Member States under shared management may, at the request of the Member State concerned, be transferred to the Programme subject to the conditions set out in Article 26 of a Regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (the ‘Common Provisions Regulation for 2021-2027’). The Commission shall implement those resources directly in accordance with point (a) of the first subparagraph of Article 62(1) of the Financial Regulation or indirectly in accordance with point (c) of that subparagraph. Those resources shall be used for the benefit of the Member State concerned.
Article 8
Third countries associated to the Programme
The Programme shall be open to the participation of the following third countries:
| (a) | members of the EFTA which are members of the EEA, in accordance with the conditions laid down in the Agreement on the European Economic Area; |
| (b) | acceding countries, candidate countries and potential candidates, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions or in similar agreements and in accordance with the specific conditions laid down in agreements between the Union and those countries; |
| (c) | European Neighbourhood Policy countries, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions or in similar agreements and in accordance with the specific conditions laid down in agreements between the Union and those countries; |
| (d) | other third countries, in accordance with the conditions laid down in a specific agreement covering the participation of the third country to any Union programme, provided that the agreement:
|
The contributions referred to in point (d)(ii) of the first subparagraph shall constitute assigned revenues in accordance with Article 21(5) of the Financial Regulation.
Article 9
Implementation and forms of Union funding
1. The Programme shall be implemented in direct management in accordance with the Financial Regulation or in indirect management by the bodies referred to in point (c) of the first subparagraph of Article 62(1) thereof.
2. The Programme may provide funding in any of the forms laid down in the Financial Regulation.
3. Contributions to a mutual insurance mechanism may cover the risk associated with the recovery of funds due by recipients and shall be considered a sufficient guarantee under the Financial Regulation. The provisions laid down in Article 37(7) of Regulation (EU) 2021/695 of the European Parliament and of the Council (32) shall apply.
Article 10
Types of action
Actions contributing to the achievement of a specific objective as set out in Article 2 may receive funding under this Regulation. In particular, activities listed in Annex I shall be eligible for funding.
Article 11
Civil Dialogue Group
The Commission shall set up a Civil Dialogue Group for the purpose of ensuring a regular, open and transparent dialogue with the beneficiaries of the Programme and other relevant stakeholders in order to exchange experiences and good practices and to discuss policy developments within the areas and objectives covered by the Programme and related areas.
CHAPTER II - GRANTS
Article 12
Grants
1. Grants under the Programme shall be awarded and managed in accordance with Title VIII of the Financial Regulation.
2. Members of the evaluation committee may be external experts.
Article 13
Cumulative and alternative funding
1. An action that has received a contribution under the Programme may also receive a contribution from another Union programme, including funds under shared management, provided that the contributions do not cover the same costs. The rules of the relevant Union programme shall apply to the corresponding contribution to the action. The cumulative financing shall not exceed the total eligible costs of the action. The support from the different Union programmes may be calculated on a pro-rata basis in accordance with the documents setting out the conditions for support.
2. Actions awarded a Seal of Excellence label under the Programme may receive support from the European Regional Development Fund or the European Social Fund Plus, in accordance with Article 73(4) of the Common Provisions Regulation for 2021-2027 if they comply with the following cumulative conditions:
| (a) | they have been assessed in a call for proposals under the Programme; |
| (b) | they comply with the minimum quality requirements of that call for proposals; |
| (c) | they cannot be financed under that call for proposals due to budgetary constraints. |
Article 14
Eligible entities
1. The eligibility criteria set out in paragraphs 2 and 3 of this Article shall apply in addition to the criteria set out in Article 197 of the Financial Regulation.
2. The following entities shall be eligible:
| (a) | any legal entity established in:
|
| (b) | any legal entity created under Union law, or any international organisation. |
3. An operating grant may be awarded without a call for proposals to the European Network of National Equality Bodies (Equinet), under point (b) of Article 7(3) and point (b) of Article 7(4), to cover expenditure associated with Equinet’s permanent work programme.
CHAPTER III - PROGRAMMING, MONITORING, EVALUATION AND CONTROL
Article 15
Work programme
1. The Programme shall be implemented by work programmes referred to in Article 110 of the Financial Regulation.
2. The work programme shall be adopted by the Commission by means of an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 22.
Article 16
Monitoring and reporting
Indicators to report on the progress of the Programme towards the achievement of the general and specific objectives laid down in Article 2 are set out in Annex II.
To ensure the effective assessment of the Programme’s progress towards the achievement of its objectives, the Commission is empowered to adopt delegated acts, in accordance with Article 18, to amend Annex II with regard to the indicators where considered necessary as well as to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework.
The performance reporting system shall ensure that data for monitoring the implementation and the results of the Programme are collected efficiently, effectively and in a timely manner.
To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and, where appropriate, on Member States.
Article 17
Evaluation
1. Evaluations of the Programme shall be carried out in a timely manner with a view to feeding into the decision-making process.
2. The Commission shall carry out an interim evaluation of the Programme once there is sufficient information available about the implementation of the Programme, but no later than four years after the start of its implementation. The interim evaluation shall take into account the results of the evaluations of the long-term impact of the predecessor Programmes.
3. The Commission shall carry out a final evaluation of the Programme at the end of its implementation, but no later than four years after the end of the period specified in Article 1.
4. The Commission shall communicate the conclusions of the evaluations, accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
Article 18
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 16 shall be conferred on the Commission until 31 December 2027.
3. The delegation of power referred to in Article 16 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. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 16 shall enter into force if no objection has been expressed either by the European Parliament or by 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 of the Council.
Article 19
Protection of the financial interests of the Union
Where a third country participates in the Programme by means of a decision adopted pursuant to an international agreement or on the basis of any other legal instrument, the third country shall grant the necessary rights and access required for the authorising officer responsible, OLAF and the Court of Auditors to comprehensively exercise their respective competences. In the case of OLAF, such rights shall include the right to carry out investigations, including on-the-spot checks and inspections, as provided for in Regulation (EU, Euratom) No 883/2013.
CHAPTER IV - TRANSITIONAL AND FINAL PROVISIONS
Article 20
Information, communication and publicity
1. The recipients of Union funding shall acknowledge the origin of those funds and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.
2. The Commission shall implement information and communication actions relating to the Programme, to actions taken pursuant to the Programme and to the results obtained.
3. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, insofar as those priorities are related to the objectives referred to in Article 2.
Article 21
Programme contact points
Every Member State may establish Programme contact points with responsibility for providing impartial guidance, practical information and assistance to applicants, stakeholders and beneficiaries of the Programme with respect to all the aspects thereof, including in relation to the application procedure, dissemination of user-friendly information and Programme results, inquiries for partners, training and formalities.
Programme contact points shall carry out their functions independently.
Article 22
Committee procedure
1. The Commission shall be assisted by a committee. This 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.
3. The committee may meet in specific configurations to deal with the individual strands of the Programme.
Article 23
Repeal
Regulations (EU) No 1381/2013 and (EU) No 390/2014 are repealed with effect from 1 January 2021.
Article 24
Transitional provisions
1. This Regulation shall not affect the continuation of or modification of actions initiated pursuant to Regulations (EU) No 1381/2013 and (EU) No 390/2014, which shall continue to apply to those actions until their closure.
2. The financial envelope for the Programme may also cover the technical and administrative assistance expenses necessary to ensure the transition between the Programme and the measures adopted pursuant to Regulations (EU) No 1381/2013 and (EU) No 390/2014.
3. If necessary, appropriations may be entered in the Union budget beyond 2027 to cover the expenses provided for in Article 7(9) to enable the management of actions not completed by 31 December 2027.
Article 25
Entry into force
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.