1. Ex ante conditionalities in cohesion policy:
How do they work ? What is the added value? What is proposed for the future cohesion policy?
Jolanta Świątkowska
European Commission: DG Regional and Urban Policy. Better Implementation Unit

2. Content of the presentation
What are ex ante conditionalities (ExAC) in cohesion policy? Types of ExAC.
How do they work? Process and results.
What is the value added of ExAC?
What is proposed for post 2020 cohesion policy ?

3. What are ExAC in cohesion policy?
EU cohesion policy budget for period EUR 340 billion – main investment policy tool of the EU.
It includes the European Regional Development Fund (ERDF), the European Social Fund (ESF) and the Cohesion Fund (CF) – which make 75% of the European Structural and Investment Funds (ESI Funds) and 1/3 of EU budget.
ExAC are key reform element of cohesion policy to ensure effective and efficient EU spending.

4. Types of ExAC ExAC address: policy and strategic frameworks
regulatory frameworks
administrative capacity of the institutions implementing ESI Funds' programmes
The Common Provisions Regulation for ESI Funds (Regulation (EU) No 1303/2013) divides ExAC into 2 groups:
7 general ExAC – cross-cutting, horizontal issues
29 thematic ExAC – sector-specific, linked to investment priorities.

5. Examples of ExAC and criteria linked to policy/strategic frameworks
Thematic ExAC
Research and Innovation
Smart specialisation strategy
ICT development
A strategic policy framework for digital growth
Broadband
A next generation network plan
Transport
A comprehensive transport strategy

6. Examples of regulatory ExAC and criteria for fulfilment
Thematic ExAC
Energy efficiency in buildings
Relevant articles of EU directives have been transposed.
Renewable energy
Water sector
Waste sector

7. Examples of ExAC and criteria linked to institutional/administrative capacity
Thematic ExAC
Institutional capacity and efficient public administration
Development and implementation of a strategy to reinforce MS public authorities' administration.
Transport
Measures to ensure the capacity of intermediary bodies and beneficiaries to deliver the project pipeline.

8. Examples of ExAC/criteria linked to institutional/administrative capacity
General ExAC
Public procurement law
Administrative capacity to apply Union procurement law in the area of the ESI Funds
State aid rules
Administrative capacity to apply Union state aid rules in the area of the ESI Funds
Effective application of environmental impact and strategic environmental assessment legislation
Administrative capacity to apply the environmental impact and strategic environmental assessment legislation

9. How do ExAC work? Process and results
Around 75% of all ExAC were fulfilled at the adoption of the ESIF programmes
When an ExAC was not fulfilled by a Member State/region, an action plan was set up, in view of completing it by end 2016.
This resulted in around 700 action plan for cohesion policy, of which only 1% is still not completed, in the following sectors:
waste sector
water sector
transport
public administration.

10. What is the value added of ExAC
What is the value added of ExAC? Types of benefits (Commission Staff Working Document (2017) 127 final of )
Better targeting of support from ESI Funds and from other public funding
Many ExAC required existence of strategic frameworks resulting in better tailoring of the selection criteria for projects to the needs and in better prioritisation of investments
Improving the investment environment in the EU
Addressing horizontal barriers (public procurement, state aid, Strategic Environmental Assessment, Small Business Act) and sector-specific barriers (transport, smart energy, digital and waste sectors) that hinder investment.

11. Types of benefits - continued
Supporting structural changes in Member States and Regions
Catalysts for policy reforms and legislative changes in a number of sectors (health, education, labour market, social inclusion, research and innovation, transport, etc)
Accelerating transposition and implementation of EU acquis
Several ExAC are linked to transposition and implementation of the EU legislation and rules (public procurement, state aid, environmental legislation, energy efficiency, etc).
Improving administrative capacity and coordination
ExAC contributed to improving the institutional and administrative capacity of public institutions and stimulated coordination within public administrations and with stakeholders.

12. What is new in the Commission proposal (COM(208) 375 final) on ExAC - “enabling conditions” for post 2020 cohesion policy ?
Fewer conditions: 7 → 4 horizontal, 29 → 16 thematic
Fulfilment needed for receiving payments from the Commission for corresponding expenditure
Fulfilment required throughout the implementation period
No action plans in the programmes in case of non-fulfilment
Application of the conditions in selection of projects.

13. Thank you! 1 5 8 2 6 9 3 7 10 4 11