1. Black Sea Basin 2013 annual conference “From ENPI CBC to ENI CBC – Lesson Learned and Future Opportunities in the Black Sea Basin” Istanbul, 5 December 2013 What is new for What is new for ENI CBC in 2014-2020? ENI CBC in 2014-2020?

2. 05.05.09 I. REGULATORY FRAMEWORK I. REGULATORY FRAMEWORK

3. Indicative timetable for adoption Regulatory framework - calendar Financial Regulation Adoption end 2012 – entry into force 2013 Financial Regulation Adoption end 2012 – entry into force 2013 ENI Regulation and Common Implementing rules Adoption early 2014 ENI Regulation and Common Implementing rules Adoption early 2014 Delegated Act and Strategic Dialogue: - EP Spring 2014 Delegated Act and Strategic Dialogue: - EP Spring 2014 Programming Document Adoption Summer 2014 Programming Document Adoption Summer 2014 Implementing Rules Adoption 3 rd Quarter 2014 Implementing Rules Adoption 3 rd Quarter 2014 JOPs End 2014 JOPs End 2014

4. 05.05.09 II. ENI CBC STRATEGY II. ENI CBC STRATEGY

5. 05.05.09 Basic geographical eligibility ENI Cross-Border Cooperation programmes can be established:  for land borders, covering the territorial units corresponding to NUTS level 3 along the land borders;  for maritime borders, covering the territorial units corresponding to NUTS level 3 along maritime borders;  around a sea basin, covering the coastal territorial units corresponding to NUTS level 2.

6. 05.05.09 Proposed list of ENI CBC programmes 2014-2020 Kolarctic programme - Finland /Russia Poland/Russia Latvia/Lithuania/Belarus Latvia/Russia Estonia/Russia SE Finland/Russia Karelia programme – Finland/Russia Lithuania/Russia Poland/Belarus Ukraine Hungary/Slovakia/Romania/Ukraine Romania/Moldova Land border programmes Romania/Ukraine Sea crossings programmesSea basin programmes Italy/TunisiaBaltic Sea Region Black Sea Mediterranean Mid Atlantic

7. ENI CBC Programming Document Programme area:  Identification of the eligible border regions = « core eligible area »  Several options to extend the eligible area: (i)adjoining regions (ii)major centres (iii)extension from NUTS III to NUTS II for sea-crossing programme (iv)adjoining regions from non-participating countries (ENI Regulation, Art. 10.5)  Border regions from EEA and IPA countries eligible to participate in ENI CBC programmes will be listed in the Programming Document as part of the core regions of the concerned programme. As in the case of other participating countries, the inclusion of adjoining regions and major centers from these countries should be duly justified in the JOP

8. Programme area (maximum potential) Programme area (maximum potential) ENI CBC IRs: flexibility for beneficiaries/ activities outside programme area ENI CBC IRs: flexibility for beneficiaries/ activities outside programme area IN ADDITION Major centers Possibilities for extension

9. Justification for extension Adjoining regions from participating countries:  would bring substantial added value for the core eligible area and  essential for achieving CBC impact in the core eligible area. Major centers:  would bring substantial added value for the core eligible border area,  would strongly contribute to the achievement of the CBC impact in the core eligible border area,  essential to achieving the programme’s objectives in a sustainable way;  justification to be provided per programme priority. Organizations from adjoining regions from non-participating countries (ENI Regulation, art. 10.5):  shall be envisaged and justified at project level if foreseen in the Joint operational Programme and calls for proposals;  shall be essential to achieve the specific project objectives in the core eligible area of the programme;  shall be key to ensuring the sustainability of the actions in the core eligible area of the programme;  shall be subject to the same provisions as the eligibility of actions and beneficiaries outside the programme area

10. ENI CBC Programming Document 3 strategic / overarching objectives programmes do not need to address all 3 objectives – to be decided based on the situation analysis and the strategy chosen A list of thematic objectives programmes to choose 4 = thematic concentration People to People as an horizontal modality Can be a modality in all thematic objectives Thematic objectives translated by programmes into priorities

11. ENI CBC intervention logic A. Promote economic and social development TO1: Business and SME development TO2: Support to education, research, technological development and innovation TO3: Promoting of local culture and preservation of historical heritage TO4: Promotion of social inclusion and fight against poverty TO5: Support to local & regional good governance B. Address common challenges in environment, health, safety and security TO4 and TO5 TO6: Environmental protection, and climate change adaptation TO8: Common challenges in the field of safety and security TO9: Promotion of energy cooperation C. Promote better conditions and modalities for facilitating the mobility of persons, goods and capital TO4 and TO5 TO7: Improvement of accessibility to the regions, development of transport and communication networks and systems TO10: Promotion of border management and border security

12. Defining the programme strategy PROGRAMME STRATEGY Socio- economic analysis Other documents, strategies, programmes Previous experience and projects Thematic objectives for ENI CBC Cross- cutting issues Stakeholder involvement Common needs of programme area

13. Questions for better focusing  To what extent is cooperation necessary in this field? What added value can it present? Is the cross border cooperation the best mean/way to achieve a clear impact in this field?  Do programme actors have the necessary power and competences to deliver the change in this field?  What is the cooperation experience among the stakeholders in this field?  What potential does the Programme have to influence the change in this field? With the money we have, can we deliver a visible and meaningful change?

14. ENI CBC Programming Document  Remains mainly based on populations of relevant NUTS III territories or equivalent;  Population of additional eligible territories (adjoining regions, major centres,…etc.) will not be counted;  Populations of eligible territories participating to more than 1 programme will be counted only once;  Implications of splitting trilateral programmes into bilateral ones not yet fully worked out;  Separate allocation for Sea Basin programmes => EEAS/COM consider some pro rata increase justified given needs and absorption capacity. Budget allocation:

15. 05.05.09 III. ENI CBC IRs: overall framework III. ENI CBC IRs: overall framework

16. 05.05.09  Underlying philosophy is to align as much as possible with ETC/IPA CBC instruments  New roles and responsibilities for all participating countries (including partner countries) Management mode: shared management as the preferred option; Designation of the Managing Authority by the hosting Member State; Financing Agreements: the Managing Authority may/must be involved; Possibility to sign Memoranda of Understanding / Bilateral Agreements. What’s new?

17. 05.05.09  More flexibility in defining programme procedures (PRAG procedures are no more compulsory)  New tasks and increased responsibilities for all participating countries in the following areas:  Participating countries must reach an agreement on the management and control systems and describe them in the JOP (summary) and in the "DMCS" (full description)  Capacity-building process for partner countries Management Control Audit Recoveries Role and responsibilities (1)

18. 05.05.09 Approval of the JOP by the EC Designation of the MA by the hosting MS Are based on this division of responsibilities and on the proper setting of management and control systems (including audits) in all participating countries Role and responsibilities (2)

19. 05.05.09  From date of adoption until end 2024;  Pending entry into force of first Financing Agreement:  Preparatory actions for launching progammes;  Launch of calls for proposals with suspensive clause (only in exceptional and duly justified cases).  If no Financing Agreement is signed: programme is terminated;  Deadline for contracting: end 2020;  Deadline for implementation: end 2022. Programmes’ period of execution (1)

20. 05.05.09 Adoption of ENI CBC legal framework JOP submission JOP Adoption by EC submission date + 6 months (max) MA designation FA signature N+1 rule from JOP adoption 31/12/202031/12/202231/12/2024 End 2014 30/09/2024 Final report submission Eligibility of preparatory actions (DMCS drafting, preparation of calls for proposals, JMC meetings, setting up JTS and BOs …) Contracting and selection phase Implementation phase Programme closure Period of execution Programmes’ period of execution (2)

21. 05.05.09 IV. ENI CBC IRs: grants and project beneficiaries IV. ENI CBC IRs: grants and project beneficiaries

22. Projects (1)  Mainly funded through grants:  calls for proposals;  direct award procedure: exceptionally and in justified cases (monopoly, type of body); list included in JOP (list is final for large infrastructure projects and only indicative for all other projects); with prior EC approval.  Exceptionally, in the form of transfers to financial instruments*:  with prior EC approval;  list included in JOP (list is final). *Not possible yet, need to adjust the exisiting Neighbourhood financial instruments (i.e: NIF) to the CBC context; work is on-going within EC services.

23. Projects (2) Large Infrastructure Projects (LIPs):  projects with an infrastructure component of at least 1M€;  selected via direct award and/or calls for proposals. Final application for LIPs selected via direct award to be submitted to the EC no later than end 2017 Grants to LIPs together with transfers to Financial Instruments cannot exceed 30% of the Union contribution to a programme!

24. Projects (3) Conditions for financing:  CBC impact and added value to EU strategies and programmes;  Integrated/Symmetrical/Single countries projects;  Implementation in the programme area, BUT:possibility to finance projects partially implemented outside eligible area, if justified → up to max. 20% of Union contribution at programme level  MA responsible for preventing duplications.

25. Projects (4) Selection procedure:  PRAG not anymore compulsory in case of shared management or indirect management with International Organizations;  Rules decided by the participating countries, BUT compliance with the EU principles (transparency, equal treatment, objectivity, impartiality and confidentiality) will have to be ensured!

26. Projects (5) Beneficiaries:  In each project: at least one beneficiary from a Member State (MS) and at least one from an ENI partner country/ Russian Federation;  The participation of Turkish partners (IPA country) will be possible in projects involving at least one beneficiary from a MS and at least one from an ENI partner country/ Russian Federa tion  Conditions for participation:  Natural or legal person;  Established in the programme area BUT:possibility to include beneficiaries from outside programme area, if justified  up to max. 20% of Union contribution at programme level (cumulative with 20% rule for activities outside the programme area)

27. 05.05.09 Procurement under grant – main changes:  Procurement procedures are laid down in ENI CBC IR;  Higher thresholds;  Rules of nationality and origin and exclusion cases set out in the draft Common Implementing Regulation for EU external action shall apply;  Possibility to apply beneficiary procedures for low value contracts. Projects (6)

28. Projects (7) Procurement under grant – the rule of origin: ConditionsEligible countries Contracts < EUR 60,000Goods can originate from any country Programmes managed in shared management Countries eligible under Article 9 draft CIR** + countries eligible under the rules of the country hosting MA* Joint co-financing by a participating country (Member State or third) Countries eligible under Article 9 draft CIR + countries eligible under the rules of the co- financing country* IPA co-financingIPA rules also apply (not broader than ENI) *The additional eligibility rules must be an extension of EC rules. ** Article 9: MS, ENI countries, Russia, EEA, IPA countries, developing countries members of the OECD list, countries with reciprocal access.

29. Projects (8) Procurement thresholds: International tender Local open tender Competitive Negotiated Procedure Beneficiary's procedures Negotiated Procedure Services≥ 300 000 Restricted N/A< 300 000 and ≥ 60 000 < 60 000In exceptional cases Supplies≥ 300 000 Open < 300 000 and ≥ 100 000 < 100 000 and ≥ 60 000 Works≥ 5 000 000 Open < 5 000 000 and ≥ 300 000 < 300 000 and ≥ 60 000

30. 05.05.09 Exceptions to the above procurement procedures Entities that can apply their own procedures:  International Organisations;  "Contracting Authorities" in a Member State;  Public authorities in a Partner Country*. ! However, the following rules must be respected: Rules on nationality and origin; General principles (e.g. transparency, fair competition, compliance with best international practice). *If Financing Agreement so allows. Limited to programmes where a participating country transfers its co-financing to the Managing Authority.

31. 05.05.09 Financial support to thrid parties (sub-granting) Conditions:  Sub-grantees offer guarantees as regards recoveries;  Conditions for such support are strictly defined in the contract: categories of entities; award criteria, criteria for determining amount, types of activities;  Maximum amount < 60 000 EUR per third party, but it can exceed if it is the primary aim of the action.

32. 05.05.09 Thank you for your attention! INTERACT ENPI http://enpi.interact-eu.net/enpi