1. Regional Policy Draft Implementing Act Consistent approach to determine the milestones and targets in the performance framework and to assess the attainment of the milestones and targets (Art. 20 (4) of CPR) As amended after expert meeting on October 24, 2013 Veronica Gaffey & Jan Marek Ziółkowski Evaluation & European Semester Unit DG for Regional and Urban Policy 1 Cohesion Policy

2. We have received comments from 16 Member States. Nearly 80% of comments concerned the draft Implementing Act. Among them, the main issues of concern were performance framework for complex priorities, indicators, milestones and targets, criteria for assessing their achievement, excluded resources and reserve, examples. 2

3. Cohesion Policy Complex priorities (HU, LV and UK) 3 For priorities which concern more than one Fund (ESF, ERDF or CF) or more than one category of region, indicators, their milestones and targets, and actual values have to be broken down by Fund or category of region. The representativeness of output indicators and achievement of milestones and targets are assessed independently for each Fund and each category of region within such a priority. The reserve is allocated and suspension of payments and financial corrections may be applied independently for each Fund and each category of region within such a priority. Examples (including example of priority with more than one TO, to be included in the Guidance on Performance Framework.

4. Cohesion Policy Financial indicator (CZ, GR, LT and LV) CommentsReply Text on realistic and achievable milestone unclear (which years are concerned), moreover the automatic decommitment will be applied at the level of Fund or category of region for each programme. The text has been revised; now it makes reference to the "total value of milestones set for the financial indicators under performance frameworks related to any ESI Fund or category of region" giving more flexibility (i.e. milestone for a particular financial indicator may be lower than N+3) 4

5. Cohesion Policy Output indicators and key implementation steps (BG, CZ, DE, DK, HU, LV, PL, RO, UK) CommentsReply The ESF exception to use partially implemented operations for reporting against milestones and targets should apply as well to the ERDF and CF. No legal base for ERDF/CF. Many long-term interventions will not be completed by 2018, so key implementation steps will be widely used to supplement or complement output indicators. Agree, option to do so has been foreseen in the Implementing Act What is meant by “fully implemented operations”? A definition has been included in the Implementing Act. Key implementation steps expressed as 0-1 not justified. Agree, this option has been excluded. Are key implementation steps used for targets or not? They should not be used for targets. 5

6. Cohesion Policy Milestones and targets (BE, DE and LU) CommentsReply Targets should be calculated without the reserve taken into account to limit the number of amendments. Disagree, only if we assume all or majority of priorities fail to achieve their milestones. Regular update Milestones and targets may be updated in line with Annex II of CPR. 6

7. Cohesion Policy Criteria for assessing achievement (AT, BE, HU, LU, PL) 7 CommentsReply Criteria for achieving milestone or target too strict compared to criteria for failing ('majority' instead of 'all'; 80% or 75% instead of 85%) Disagree, different assessments at stake. Weighted average should be used to assess attainment of milestone. Disagree, too complicated and does not work if more than one indicator refers to the same allocation. A financial indicator included in the performance framework should not be taken into account for assessing the attainment of milestone. Disagree, it is an obligatory element of the performance framework.

8. Cohesion Policy Excluded resources and reserve (CZ, EE, LT and PL) CommentsReply Can different priorities or objectives within the priority have different percentage of performance reserve to be allocated? "The performance reserve shall constitute between [5 and 7] per cent of allocation to each priority within a programme with exception of priorities dedicated to technical assistance." Will it be possible to re- allocate a part of reserve from unsuccessful priority to technical assistance? No, TA priorities and programmes are not covered by the performance framework. Will it be possible to allocate less than full reserve to underperforming, but important priorities or allocate the reserve conditionally? No, the CPR gives no such possibility. 8

9. Cohesion Policy Excluded resources and reserve (CZ, EE, LT and PL) CommentsReply Youth Employment Initiative Covered by the performance framework, but excluded from the calculation of the reserve, so YEI takes no part in re-allocation of reserve. However, in the case of serious failure, a suspension of payments or financial correction are possible. Technical Assistance Taken into account to calculate the amount of reserve for a programme, but there will be no reserve for TA priorities, nor performance framework. Therefore, the TA priorities take no part in re-allocation of reserve and no suspension of payments or financial correction are possible (no serious failure). 9

10. Cohesion Policy Examples and guidance (BG, CZ, DK, EE, FI, HU, LT, LV, PL, UK) Several MS asked for guidance or examples in the following areas: Documentation (what is to be included; any formal requirements); Priorities using financial instruments Complex priorities Consistency between programmes Key implementation steps They will be provided in the updated Guidance document. 10

11. Regional Policy Reference documents FICHE NO 24 A – IMPLEMENTING ACT ON THE ARRANGEMENTS TO ENSURE A CONSISTENT APPROACH FOR DETERMINING MILESTONES AND TARGETS IN THE PERFORMANCE FRAMEWORK FOR EACH PRIORITY AND FOR ASSESSING THE ATTAINMENT OF THE MILESTONES AND TARGETS 11 Cohesion Policy