Expert group meeting on draft delegated act on the European code of conduct on partnership (ECCP) under

cohesion policy

25.01.20131

Staff Working Document (SWD)• - Transmitted to the Council, the Parliament, the Committee of Regions

and the European Economic and Social Committee on 24 April 2012 (Translation of the SWD available in 22 languages since June)

• - Double purpose reflected in the title: • to help Member States shaping their partnership appropriately during the preparatory

work until the regulations are adopted – (good practices included)• to outline the main requirements that the future European Code of Conduct could

contain and serve as a basis for discussion between the Council and the Parliament

• - 12 contributions received from stakeholders (UEAPME, Eurocities, CEMR, REVES…)

• - CoR Opinion adopted on 30th November 2012

• - EESC Opinion adopted on 13th December 2012

Preparatory fiche on the ECCP (1)• Fiche on the content of the delegated act (DA) circulated

ahead of the meeting.

• The fiche does not constitute a draft delegated act.

• It is subject to an agreement on all provisions related to delegated and implementing acts of the Strategic Programming Block and is presented without prejudice to the on-going negotiations - "nothing is agreed until everything is agreed".

• Its content may nevertheless be used as guidance for the on-going preparation of the Partnership Agreement within the MS.

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Preparatory fiche on the ECCP (2)

• In line with the agreement between the Council and the European Parliament, and in accordance with the institutional and legal framework as well as the national and regional competences of the Member States (MS), the aim of this fiche is to:• provide a framework for supporting MS in the organisation and

implementation of the partnership, • ensure that there is a common understanding between the

Commission (COM) and the Member State on the expectations towards the content of the ECCP,

• facilitate informal dialogue between the COM and the Member States.

• The headings of the fiche translate legal specifications on the content for the delegated act – Article 5 of the Common Provisions Regulation (CPR) – into 8 sections structuring the chapters of the DA. 4

Aim of the meeting• The aim is to receive feedback from Member State experts

on the fiche to ensure that it is sufficiently clear, concise and takes into account the diversity of programming and institutional arrangements in Member States.

• The legal framework set out within the CPR has been agreed - this is not subject to discussion.

• Therefore interventions should focus on • identifying instances where the fiche may need further

clarification,• or where the necessary good practices or principles are

missing. • The fiche will be adjusted following the expert meeting and

made available. COM is open to another expert meeting, if needed.

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Discussion

• One tour de table.

• Interventions should focus on the main issues – other comments and proposals should be sent in writing by 31 January.

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The fiche on the European code of conduct on

partnershipArticle 5.3 of the CPR

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The role of the ECCP (1)

• The involvement of all relevant stakeholders – public authorities, economic and social partners and civil society bodies – at all stages is required in the CPR for a good governance of the European Structural and Investment Funds (ESI Funds), and is key to their effective and efficient delivery and contribution to achieving the targets and objectives of the Europe 2020 Strategy.

• ECCP is supporting the effective implementation of the partnership and multi-level governance principle. It defines objectives, principles and best practices.

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The role of the ECCP (2)

The ECCP should:

• provide for transparency procedures;• facilitate the respect of the commitments laid down in the

Partnership Agreement and the Programmes with regard to the partners and beneficiaries;

• describe how active and meaningful the involvement of all relevant stakeholders – from the very early stages of programme design as well as during implementation, monitoring and evaluation – can be achieved.

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Main blocks (1)

1. Introductory elements

2. Main principles for the identification of relevant partners

3. Main principles for involvement of different categories of partners in the preparation of the Partnership Agreement and programmes, the information to be provided on their involvement, as well as at the various stages of implementation

4. Main principles for rules of membership and internal procedures of monitoring committees

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Main blocks (2)

5. Main objectives and best practices for the preparation of calls for proposals, progress reports, monitoring and evaluation

6. Strengthening the institutional capacity of relevant partners

7. Role of the Commission in the dissemination of good practices

8. Member States' assessment of the implementation of partnership and its added value

Annex: Article 5 as agreed between Council and the EP on 19 December 2012 11

1. Introductory elements

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Horizontal elements:

• - MS to apply the partnership principle in the ECCP in a transparent manner

• - Partners to respect obligations laid down by MS and Managing Authorities (MA) related to• transparency• data protection, confidentiality • and conflict of interest

2. identification of relevant partners

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• the possibility to create and use platforms or umbrella organisation;

• a number of indicative criteria for the nomination by the partners of their representative;

• specifications concerning the three categories of partners.

• a transparent and efficient consultation of partners on the process and timetable of the preparation;

• the respect of the multi-level governance agreements where they exist;

• good practices in terms of timely disclosure and easy access to adequate information, sufficient time given to partners to analyse and comment key preparatory documents or drafts;

• the information to be provided within the PA and the programmes on the involvement of partners;

• the key areas of involvement of partners, knowing that MS should determine the most appropriate procedures and timing to ensure this involvement. 14

3. Involvement of partners in the preparation of the PA and programmes

Establishment of clear and transparent arrangements concerning membership, taking into account best practices:Concerning membership:• Ensure continuity in the partnership between the preparation and the

implementation of the programmes• Aim to promote gender equality and equal opportunities• Make public the list of members of the monitoring committees and other working

groups• Ask the members to sign a statement acknowledging their obligations related to

data protection, confidentiality and conflict of interest

Concerning the rules of internal procedure such as:• the members' voting rights• the time period for invitations to the meetings and transmission of documents• the arrangements for publication and accessibility of the preparatory documents

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4. Membership and internal procedures of the MC

• Where the partners are involved in the selection of operations, need to set up in advance procedures to prevent conflict of interest

• Involvement of partners in the preparation of progress reports in 2017 and 2019

• Role of partners in the monitoring and evaluation through the monitoring committees and their working groups

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5. Involvement in the calls for proposals, progress reports, monitoring and evaluation

6. Strengthening the institutional capacity of partners

To lay down indicative areas, themes and good practice for the use the ESI Funds to strengthen the institutional capacity of partners.

Managing authorities could allocate part of their technical assistance to small local authorities, economic and social partners and non-governmental organisations.

Support could take the form of workshops, training sessions, coordination and networking structures, contributions to partners’ costs incurred for the participation in meetings.

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7. Role of the Commission in the dissemination of good practices

- The Commission will monitor the partnership principle to support capacity building, exchange experience and for the dissemination of good practice.

- Community of Practice on Partnership will provide a common platform for the ESI Funds. Open to all interested MS, Mas and organisations representing the partners at Union level.

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8. Member States' assessment of the implementation of partnership and its added value

• Propose that the Managing Authorities carry out an evaluation of the performance and the effectiveness of the partnership during the programming period.

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Thank you!

Written comments can be sent by 31 January to: REGIO-DGA1.01-WORKSHOPS-AND-

SEMINARS@ec.europa.eu

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