Considerations on COM(2018)440 - European Solidarity Corps programme

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dossier COM(2018)440 - European Solidarity Corps programme.
document COM(2018)440 EN
date May 20, 2021
 
table>(1)The Union is built on solidarity, both among its citizens and among the Member States. That universal and common value guides the actions of the Union and provides the unity necessary to cope with current and future societal challenges, which young Europeans are willing to help address by expressing their solidarity in practice. Article 2 of the Treaty on European Union (TEU) highlights solidarity as one of the principles key to the Union. The principle of solidarity is also referred to in Article 21(1) TEU as one of the foundations of the Union’s external action.
(2)Given the significant increase in global humanitarian needs and with a view to enhancing the promotion of solidarity and the visibility of humanitarian aid among Union citizens, there is a need to develop solidarity between Member States and with third countries affected by man-made or natural disasters.

(3)Humanitarian aid volunteering actions should contribute to a needs-based humanitarian response and be guided by the European Consensus on Humanitarian Aid set out in the Joint Statement by the Council and the Representatives of the Governments of the Member States meeting within the Council, the European Parliament and the European Commission entitled ‘The European Consensus on Humanitarian Aid’ (4). International humanitarian law and human rights law should be promoted.

(4)Where appropriate, the central and overall coordinating role of the United Nations (UN) Office for the Coordination of Humanitarian Affairs in promoting a coherent international response to humanitarian crises should be taken into account.

(5)Humanitarian aid volunteering actions should contribute to an adequate humanitarian response that strengthens the gender perspective in Union humanitarian aid policy and promotes adequate humanitarian responses to the specific needs of women and men of all ages. Humanitarian aid volunteering actions should take into account the needs and capacities of people in the most vulnerable situations, including women and children, and people most at risk.

(6)Humanitarian aid volunteering actions should strive to contribute to enhancing the effectiveness and efficiency of Union humanitarian aid, in line with the Good Humanitarian Donorship principles.

(7)The State of the Union address of 14 September 2016 emphasised the need to invest in young people and announced the establishment of a European Solidarity Corps with a view to creating opportunities for young people across the Union to make a meaningful contribution to society, show solidarity and develop their skills, enabling them to obtain not only work experience but also an invaluable human experience.

(8)In its communication of 7 December 2016 entitled ‘A European Solidarity Corps’, the Commission emphasised the need to strengthen the foundations for solidarity work across Europe, to provide young people with more and better opportunities for solidarity activities covering a broad range of areas, and to support national, regional and local actors in their efforts to cope with different challenges and crises. That communication launched a first phase of the European Solidarity Corps whereby resources under different Union programmes were mobilised to offer volunteering, traineeship or job opportunities to young people across the Union.

(9)Within the context of this Regulation, ‘solidarity’ is understood as a sense of individual and collective responsibility for the common good, expressed through concrete action.

(10)Contributing assistance to people and communities outside the Union that are in need of humanitarian aid, based on the fundamental principles of humanity, neutrality, impartiality and independence, is an important expression of solidarity.

(11)There is a need to further develop solidarity with victims of crises and disasters in third countries and to raise both the awareness and the visibility of humanitarian aid, and volunteering in general, as a lifelong activity among Union citizens.

(12)The Union and the Member States have committed to implementing the UN 2030 Agenda for Sustainable Development and the Sustainable Development Goals thereof, both internally and through external actions.

(13)In its conclusions of 19 May 2017 on operationalising the humanitarian-development nexus, the Council recognised the need to strengthen resilience by better linking humanitarian assistance and development cooperation and to further strengthen the operational links between the complementary approaches of humanitarian assistance, development cooperation and conflict prevention.

(14)Young people should be provided with easily accessible and inclusive opportunities to engage in solidarity activities, which could enable them to express their commitment to benefitting communities while acquiring useful experience, knowledge, skills and competences for their personal, educational, social, civic and professional development, thereby improving their employability. Those solidarity activities should also support the mobility of young volunteers, intercultural awareness and intercultural dialogue.

(15)The solidarity activities offered to young people should allow for concrete and beneficial contributions of young people. Solidarity activities should respond to unmet societal needs and contribute to strengthening communities and civic participation. Solidarity activities should offer young people the opportunity to acquire valuable knowledge, skills and competences. Solidarity activities should be financially accessible to young people and be carried out in safe and healthy conditions.

(16)The European Solidarity Corps Programme (the ‘Programme’) provides a single entry point for solidarity activities throughout the Union and beyond. In order to maximise the effectiveness of Union funding and the impact of the Programme, the Commission should seek to establish synergies across all relevant programmes in a coherent manner, but without such synergies leading to funds being used to pursue objectives other than those set out in this Regulation. Consistency and complementarity should be ensured with other relevant Union policies, such as the European Union Youth Strategy 2019-2027 (5), and other relevant Union programmes, in particular the Erasmus+ Programme, established by Regulation (EU) 2021/817 of the European Parliament and of the Council (6). The Programme is built on the strengths and synergies of previous and existing programmes, in particular the European Voluntary Service, established by Regulation (EU) No 1288/2013 of the European Parliament and of the Council (7), and the EU Aid Volunteers initiative, established by Regulation (EU) No 375/2014 of the European Parliament and of the Council (8). Complementarity with existing Union-level networks pertinent to Programme activities, such as the Eurodesk network, should also be ensured. Furthermore, complementarity between existing related schemes, in particular national solidarity schemes, such as volunteering, civic service, and mobility schemes for young people, and the Programme should be ensured to mutually enhance and enrich the impact and qualities of such schemes and, where appropriate, to build upon good practices. The Programme should not be a substitute for similar national schemes. Equal access for all young people to national solidarity activities should be ensured.

(17)In order to align its duration with that of the multiannual financial framework for the period from 1 January 2021 to 31 December 2027 (the ‘2021-2027 MFF’) laid down in Council Regulation (EU, Euratom) 2020/2093 (9), the Programme should be established for a period of seven years.

(18)With respect to the interpretation of related legal acts of the Union, it is appropriate that both cross-border volunteering and volunteering that continues to be supported under Regulation (EU) No 1288/2013 be considered equivalent to volunteering undertaken under the European Voluntary Service.

(19)The Programme is designed to open up new opportunities for young people to undertake volunteering activities in solidarity-related areas, as well as to devise and develop solidarity projects based on their own initiative. Those opportunities contribute to enhancing the personal, educational, social, civic and professional development of young people. The Programme should also support networking activities for participants and participating organisations and measures to ensure the quality of the supported activities and to enhance the validation of the learning outcomes of participants. The Programme thereby also aims to contribute to European cooperation relevant to young people and to raising awareness of its positive impact. It is appropriate that solidarity activities offered follow a clear and detailed procedure addressed to participants and participating organisations, establishing the steps of all phases of the solidarity activities.

(20)Solidarity activities should present potential European added value and should benefit communities and foster participants’ personal, educational, social, civic and professional development. Solidarity activities should be developed in relation to different areas, such as: education and training; youth work; employment; gender equality; entrepreneurship and, in particular, social entrepreneurship; citizenship and democratic participation; intercultural awareness and intercultural dialogue; social inclusion; inclusion of people with disabilities; environment and nature protection; climate action; disaster prevention, preparedness and recovery; agriculture and rural development; the provision of food and non-food items; health and wellbeing; culture, including cultural heritage; creativity; physical education and sport; social assistance and welfare; the reception and integration of third-country nationals, taking into account the challenges faced by people with a migrant background; territorial cooperation and cohesion; and cooperation across borders. Solidarity activities should include a solid learning and training dimension through relevant activities that are offered to participants before, during and after the solidarity activity.

(21)Volunteering, both within and beyond the Union, constitutes a rich experience in a non-formal and informal learning context and enhances young people’s personal, socio-educational and professional development, active citizenship, civic participation and employability. Volunteering should not have an adverse effect on potential or existing paid employment and it should not be considered a substitute for it. The Commission and the Member States should cooperate regarding volunteering policies in the youth field via the open method of coordination.

(22)Young people’s spirit of initiative is an important asset for society and for the labour market. The Programme contributes to fostering that spirit of initiative by offering young people the opportunity to devise and implement their own solidarity projects with the aim of addressing specific challenges to the benefit of their local communities. Solidarity projects are an opportunity to try out ideas concerning, and innovative solutions to, common challenges through a bottom-up approach and they support young people to be drivers of solidarity actions themselves. Solidarity projects also serve as a springboard for further engagement in solidarity activities and are a first step towards encouraging participants to engage in self-employment and to continue to be active citizens as volunteers, trainees or employees in associations, non-governmental organisations or other bodies active in the solidarity, non-profit and youth sectors.

(23)Participants in volunteering (‘volunteers’) can contribute to strengthening the Union’s capacity to provide needs-based and principled humanitarian aid and can contribute to enhancing the effectiveness of the humanitarian sector provided that they are adequately selected, trained and prepared for deployment so as to ensure that they have the necessary skills and competences to help people in need in the most effective way and provided that they can count on sufficient on-site support and supervision. Therefore, highly skilled, highly trained and experienced coaches, mentors and experts play an important role in contributing to the effectiveness of the humanitarian response on the ground as well as towards supporting volunteers as part of the volunteering. Such coaches, mentors and experts can be involved in volunteering in order to guide and accompany volunteers and help to support the development and capacity-building components of the volunteering, thereby strengthening local networks and communities. Particular attention should be paid to the capacity of hosting organisations in third countries and the need to embed the volunteering within the local context and to facilitate volunteers’ interaction with local humanitarian actors, the hosting community and civil society.

(24)It is important that participants and participating organisations feel that they belong to a community of individuals and entities committed to enhancing solidarity across Europe. At the same time, participating organisations need support to strengthen their capacity to offer good quality solidarity activities to an increasing number of participants. The Programme should support networking activities that aim to strengthen the engagement of participants and of participating organisations in such a community, to foster a Programme spirit and to encourage the exchange of useful practices and experience. Networking activities should also contribute to raising awareness about the Programme among public and private actors and to facilitating the collection of feedback from participants and participating organisations on the implementation of the Programme.

(25)Particular attention should be paid to ensuring the quality of solidarity activities and the opportunities offered under the Programme, in particular by offering online or offline training, language support and administrative support to participants before, during and after the solidarity activity in question, as well as insurance, including coverage for accidents, sickness and third-party liability. The validation of the knowledge, skills and competences acquired by participants through their experience under the Programme should be ensured. The security and safety of the participants, participating organisations and intended beneficiaries remains of paramount importance. Such security and safety should include appropriate clearance requirements for participants working with vulnerable groups in accordance with applicable national law. All solidarity activities should comply with the ‘do no harm’ principle and should be implemented with due consideration for the impact of unforeseen circumstances such as environmental crises, conflicts or pandemics. Volunteers should not be deployed in operations conducted in areas of international and non-international armed conflicts or in facilities that contravene international human rights standards.

(26)The Programme should respect the principles set out in the 2017 EU Guidelines for the Promotion and Protection of the Rights of the Child and in Article 9 of the UN Convention on the Rights of Persons with Disabilities.

(27)To ensure the impact of Programme activities on the personal, educational, social, cultural, civic and professional development of the participants, the knowledge, skills and competences that constitute the learning outcomes of the activity in question should be properly identified and documented. To that end, the use of effective instruments at Union and national level for the recognition of non-formal and informal learning, such as Youthpass and Europass, should be encouraged, as appropriate, in accordance with national circumstances and specificities, as recommended in the Council Recommendation of 20 December 2012 (10).

(28)The Commission and the national agencies should also encourage former participants to share their experiences through youth networks, educational establishments and workshops in roles such as ambassadors or as members of a network. Former participants could also contribute to the training of participants.

(29)A quality label should ensure that participating organisations comply with the principles and requirements of the Programme as regards their rights and responsibilities during all stages of the solidarity experience.

(30)Any entity that wishes to participate in the Programme should receive a quality label provided that it complies with appropriate conditions. The Programme implementing bodies should conduct the process that leads to the attribution of a quality label on a continuous basis. The Programme implementing bodies should periodically reassess whether entities continue to comply with the conditions that led to the attribution of their quality labels. A quality label should be revoked where it is found, in the context of the checks performed by the Programme implementing bodies, that the entity in question no longer complies with those conditions. The administrative process for the attribution of a quality label should be reduced to a minimum in order to avoid discouraging smaller organisations.

(31)An entity that wishes to apply for funding to offer solidarity activities under the Programme should first receive a quality label. Such a precondition should not apply to natural persons seeking financial support on behalf of an informal group of participants for their solidarity projects. Obtaining a quality label, however, should not automatically lead to funding under the Programme.

(32)As a general rule, grant applications should be submitted to the national agency of the country in which the participating organisation is based. Grant applications for activities with a Union-wide or international dimension, including solidarity activities of volunteering teams in priority areas identified at Union level and solidarity activities in support of humanitarian aid operations in third countries, may be centrally managed if appropriate.

(33)Participating organisations may perform several functions in the framework of the Programme. In a host capacity, participating organisations should carry out activities in relation to receiving participants, including organising activities and providing guidance and support to participants during the solidarity activity, as appropriate. In a support capacity, they should carry out activities in relation to sending participants, as well to preparing participants before and guiding them during and after the solidarity activity, including training participants and guiding them to local organisations after the solidarity activity in order to increase opportunities for further solidarity experiences. The quality label should reflect the fact that specific requirements vary depending on the type of solidarity activity provided, and certify that the organisation is able to ensure the quality of solidarity activities during all stages of the solidarity experience, in accordance with the principles and objectives of the Programme. Any entity which substantially changes its activities should inform the competent Programme implementing body, which can reassess whether that entity continues to comply with the conditions that led to the attribution of the quality label.

(34)In order to support solidarity activities among young people, participating organisations could be public or private entities or international organisations, non-profit or profit-making, and could include youth organisations, religious institutions, charity associations, secular humanistic organisations, non-governmental organisations or other actors from civil society.

(35)The scaling-up of Programme projects should be facilitated. Specific measures should be put in place to help promoters of Programme projects to apply for grants or develop synergies through the support of the European Structural and Investment Funds and the Union programmes relating to migration, security, justice and citizenship, health and culture.

(36)European Solidarity Corps Resource Centres should assist the Programme implementing bodies, the participating organisations and the participants in order to raise the quality of the implementation of the Programme activities and to enhance the identification and validation of competences acquired through those activities, including through Youthpass.

(37)The European Solidarity Corps Portal should be continuously developed in order to ensure easy access to the Programme in accordance with the standards established by Directive (EU) 2016/2102 of the European Parliament and of the Council (11) and to provide a one-stop shop for both interested individuals and organisations as regards, inter alia, the registration, identification and matching of profiles and opportunities, networking and virtual exchanges, online training, language and post-activity support and other useful functions which might arise in the future.

(38)The European Solidarity Corps Portal should be further developed taking into account the European Interoperability Framework, set out in the communication of the Commission of 23 March 2017 entitled ‘European Interoperability Framework – Implementation Strategy’, which provides specific guidance on how to set up interoperable digital public services and is implemented in the Member States and other members of the European Economic Area through national interoperability frameworks. The European Interoperability Framework offers public administrations 47 concrete recommendations on how to improve the governance of their interoperability activities, to establish cross-organisational relationships, to streamline processes supporting end-to-end digital services and to ensure that neither existing nor new legal acts compromise interoperability efforts.

(39)Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (12) (the ‘Financial Regulation’) applies to the Programme. The Financial Regulation lays down rules on the implementation of the Union budget, including rules on grants, prizes, procurement, indirect management, financial instruments, budgetary guarantees, financial assistance and the reimbursement of external experts.

(40)In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (13) and Council Regulations (EC, Euratom) No 2988/95 (14), (Euratom, EC) No 2185/96 (15) and (EU) 2017/1939 (16), the financial interests of the Union are to be protected by means of proportionate measures, including measures relating to the prevention, detection, correction and investigation of irregularities, including fraud, to the recovery of funds lost, wrongly paid or incorrectly used, and, where appropriate, to the imposition of administrative penalties. In particular, in accordance with Regulations (Euratom, EC) No 2185/96 and (EU, Euratom) No 883/2013, the European Anti-Fraud Office (OLAF) has the power to carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. The European Public Prosecutor’s Office (EPPO) is empowered, in accordance with Regulation (EU) 2017/1939, to investigate and prosecute criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council (17). In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the financial interests of the Union, grant the necessary rights and access to the Commission, OLAF, the Court of Auditors and, in respect of those Member States participating in enhanced cooperation pursuant to Regulation (EU) 2017/1939, the EPPO, and ensure that any third parties involved in the implementation of Union funds grant equivalent rights.

(41)The Programme is targeted at young people aged between 18 and 30. In order to participate in the activities offered by the Programme, such young people should be required to first register in the European Solidarity Corps Portal.

(42)In view of the specific challenges of the humanitarian action, participants volunteering in support of humanitarian aid operations should be at least 18 years of age and not older than 35 years of age.

(43)Particular attention should be paid to ensuring that solidarity activities are accessible to all young people, and in particular young people with fewer opportunities. Special measures should be put in place to promote social inclusion and, in particular, the participation of disadvantaged young people, including the provision of reasonable accommodation to enable people with disabilities to effectively participate in solidarity activities on an equal basis with others in accordance with Article 27 of the UN Convention on the Rights of Persons with Disabilities and with Council Directive 2000/78/EC (18). Such special measures should take into account the constraints imposed by the remoteness of a number of rural areas, of the outermost regions of the Union and of the overseas countries and territories and by the poverty of some peri-urban areas. Similarly, Member States, overseas countries and territories and third countries associated to the Programme should endeavour to adopt all appropriate measures to remove legal and administrative obstacles to the proper functioning of the Programme. Those measures should resolve, where possible and without prejudice to the Schengen acquis and Union law on the entry and residence of third-country nationals, administrative issues that create difficulties in obtaining visas and residence permits and, in the case of cross-border activities within the Union, obtaining a European Health Insurance Card.

(44)Reflecting the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement adopted under the United Nations Framework Convention on Climate Change and to achieve the UN Sustainable Development Goals, the Programme is intended to contribute to mainstreaming climate actions in and to the achievement of an overall target of 30 % of the Union budget expenditure supporting climate objectives. In line with the European Green Deal as a blueprint for sustainable growth, the actions under this Regulation should respect the ‘do no harm’ principle without changing the fundamental character of the Programme. During the implementation of the Programme, relevant actions should be identified and put in place and reassessed in the context of the relevant evaluations and review process. It is also appropriate to measure relevant actions that contribute to climate objectives, including those intended to reduce the environmental impact of the Programme.

(45)This Regulation lays down a financial envelope for the Programme which is to constitute the prime reference amount, within the meaning of Point 18 of the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (19), for the European Parliament and the Council during the annual budgetary procedure.

(46)The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. When making that choice in relation to grants, the use of lump sums, flat rates and scales of unit costs should be considered.

(47)Third countries which are members of the European Economic Area may participate in Union Programmes in the framework of the cooperation established under the Agreement on the European Economic Area (20), which provides for the implementation of those programmes on the basis of a decision adopted under that Agreement. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation requiring third countries to grant the necessary rights and access required for the authorising officer responsible, OLAF and the Court of Auditors to comprehensively exercise their respective competences. The full participation of third countries in the Programme should be subject to the conditions laid down in specific agreements covering the participation of the third country concerned in the Programme. Full participation entails, moreover, the obligation to set up a national agency and the management of some of the Programme actions under indirect management. Legal entities from third countries that are not associated to the Programme should be able to participate in some of the Programme actions, as defined in the work programmes and the calls for proposals published by the Commission. When implementing the Programme, specific arrangements could be taken into account with regard to the participation of legal entities from Andorra, Liechtenstein, Monaco, San Marino and the Holy See.

(48)In order to maximise the impact of the Programme, provisions should be made to allow Member States and third countries associated to the Programme and other Union programmes to make additional funding available in accordance with the rules of the Programme.

(49)Pursuant to Council Decision 2013/755/EU (21), persons and entities established in overseas countries and territories are eligible for funding subject to the rules and objectives of the Programme and possible arrangements applicable to the Member State to which the relevant overseas country or territory is linked.

(50)In view of Article 349 of the Treaty on the Functioning of the European Union (TFEU) and in line with the communication of the Commission of 24 October 2017 entitled ‘A stronger and renewed strategic partnership with the EU’s outermost regions’, the Programme should take into account the specific situation of the outermost regions referred to in that Article. Measures should be taken to increase the participation of the outermost regions in all actions, including by means of financial support, where relevant, for mobility actions. Mobility exchanges and cooperation between people and organisations from those regions and third countries, in particular their neighbours, should be fostered. Such measures should be monitored and evaluated regularly.

(51)In accordance with the Financial Regulation, the Commission should adopt work programmes and inform the European Parliament and the Council thereof. Work programmes should set out the measures needed for their implementation in line with the general and specific objectives of the Programme, the selection and award criteria for grants, as well as all other elements required. Work programmes and any amendments thereto should be adopted by means of implementing acts in accordance with the examination procedure.

(52)Pursuant to paragraphs 22 and 23 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (22), the Programme should be evaluated on the basis of information collected in accordance with specific monitoring requirements, while avoiding an administrative burden, in particular on Member States, and overregulation. Those requirements, where appropriate, should include measurable indicators as a basis for evaluating the effects of the Programme on the ground, including effects on societal and humanitarian challenges.

(53)Appropriate outreach, publicity and dissemination of the opportunities and results of the actions supported by the Programme should be ensured at local, national and European level. Particular attention should be paid to social enterprises, encouraging them to support the Programme activities. The outreach, publicity and dissemination activities should rely on all the Programme implementing bodies and should, where relevant, have the support of other key stakeholders. Furthermore, the Commission should engage with a broad range of stakeholders, including participating organisations, on a regular basis across the life cycle of the Programme, in order to facilitate the sharing of good practices and project results and gather feedback on the Programme. The national agencies should be invited to participate in that process.

(54)In order to better achieve the objectives of the Programme, the Commission, national authorities and national agencies should preferably work closely together and, where appropriate, in partnership with non-governmental organisations, social enterprises, youth organisations, organisations representing people with disabilities, and local stakeholders that have expertise in solidarity actions.

(55)In order to ensure greater efficiency in communication to the public at large and stronger synergies between the communication activities undertaken at the initiative of the Commission, the financial resources allocated to communication under this Regulation should also contribute to covering the corporate communication of the political priorities of the Union, insofar as those priorities are related to the general objective of the Programme.

(56)In order to ensure that this Regulation is efficiently and effectively implemented, the Programme should make maximum use of management arrangements already in place. The overall implementation of the Programme should therefore be entrusted to existing structures, namely the Commission and the national agencies designated for the management of the actions referred to in the chapter on youth in Regulation (EU) 2021/817. Actions under the ‘participation of young people in humanitarian aid related solidarity activities’ strand, however, should be primarily managed directly. The Commission should regularly consult key stakeholders, including participating organisations, on the implementation of the Programme.

(57)In order to ensure sound financial management and legal certainty in Member States and third countries associated to the Programme, each national authority should designate an independent audit body. Where feasible, and in order to maximise efficiency, the independent audit bodies should be the same as those designated for the actions referred to in chapter on youth in Regulation (EU) 2021/817.

(58)Member States should endeavour to adopt all appropriate measures to remove legal and administrative obstacles to the proper functioning of the Programme. That includes resolving, where possible and without prejudice to Union law on the entry and residence of third-country nationals, issues that create difficulties in obtaining visas and residence permits.

(59)The performance reporting system should ensure that data for monitoring Programme implementation and evaluation are collected efficiently, effectively, in a timely manner, and at the appropriate level of detail. Such data should be communicated to the Commission in a way that complies with relevant data protection rules.

(60)In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (23).

(61)In order to simplify requirements for beneficiaries, simplified grants in the form of lump sums, flat-rate financing and unit costs should be used to the maximum possible extent. The simplified grants to support the mobility actions under the Programme, as defined by the Commission, should take into account the living and subsistence costs in the host country. In accordance with national law, Member States should also be encouraged to exempt those grants from any taxes and social levies; grants awarded to individuals by public or private legal entities should be treated in the same manner.

(62)In order to ensure the effective assessment of the Programme’s progress towards the achievement of its objectives, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend the Annex with regard to the Programme’s performance indicators. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(63)This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’). In particular, this Regulation seeks to ensure full respect for the right to equality between men and women and the right to non-discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, socioeconomic background, and to promote the application of Articles 21 and 23 of the Charter.

(64)Horizontal financial rules adopted by the European Parliament and by the Council on the basis of Article 322 TFEU apply to this Regulation. Those rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes and indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also include a general regime of conditionality for the protection of the Union budget.

(65)Since the objective of this Regulation, namely to enhance the engagement of young people and organisations in accessible and high-quality solidarity activities, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

(66)In accordance with the Financial Regulation, it is possible to award a grant for an action which has already begun, provided that the applicant can demonstrate the need for starting the action prior to signature of the grant agreement. However, the costs incurred prior to the date of submission of the grant application are not eligible for Union financing, except in duly justified exceptional cases. In order to avoid any disruption in Union support which could be prejudicial to the Union’s interests, it should be possible to provide in the financing decision, for a limited period of time at the beginning of the 2021-2027 MFF, and only in duly justified cases, for eligibility of activities and costs from 1 January 2021, even if those activities were implemented and those costs incurred before the grant application was submitted.

(67)Actions or initiatives that are not supported under this Regulation cannot be included in the work programmes.

(68)In order to optimise the added value from investments funded wholly or in part through the budget of the Union, synergies should be sought in particular between the Programme and other Union programmes, including Funds implemented under shared management. To maximise those synergies, key enabling mechanisms should be ensured, including cumulative funding in an action from the Programme and another Union programme, as long as such cumulative funding does not exceed the total eligible costs of the action. For that purpose, this Regulation should set out appropriate rules, in particular on the possibility to declare the same cost or expenditure on a pro-rata basis to the Programme and another Union programme.

(69)Regulation (EU) 2018/1475 of the European Parliament and of the Council (24) should be repealed with effect from 1 January 2021.

(70)In order to ensure continuity in providing support in the relevant policy area and to allow implementation of the Programme to start from the beginning of the 2021-2027 MFF, this Regulation should enter into force as a matter of urgency and should apply, with retroactive effect, from 1 January 2021,