COMMISSION IMPLEMENTING DECISION. of XXX

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1 EUROPEAN COMMISSION Brussels, XXX [ ](2015) XXX draft COMMISSION IMPLEMENTING DECISION of XXX approving certain elements of the operational programme Territorial and Settlement Development for support from the European Regional Development Fund and the European Social Fund under the Investment for growth and jobs goal for the regions Közép-Dunántúl, Nyugat-Dunántúl, Dél-Dunántúl, Észak-Magyarország, Észak-Alföld and Dél-Alföld in Hungary CCI 2014HU16M2OP001 (ONLY THE HUNGARIAN TEXT IS AUTHENTIC) EN EN

2 COMMISSION IMPLEMENTING DECISION of XXX approving certain elements of the operational programme Territorial and Settlement Development for support from the European Regional Development Fund and the European Social Fund under the Investment for growth and jobs goal for the regions Közép-Dunántúl, Nyugat-Dunántúl, Dél-Dunántúl, Észak-Magyarország, Észak-Alföld and Dél-Alföld in Hungary CCI 2014HU16M2OP001 (ONLY THE HUNGARIAN TEXT IS AUTHENTIC) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 1, and in particular Articles 29(4) and 96(10) thereof, Having consulted the ESF Committee, Having consulted the European Investment Bank, Whereas: (1) On 7 June 2014, Hungary submitted, through the electronic data exchange system of the Commission ( SFC2014 ), the operational programme Territorial and Settlement Development for support from the European Regional Development Fund (ERDF) and the European Social Fund (ESF) under the Investment for growth and jobs goal for the regions Közép-Dunántúl, Nyugat-Dunántúl, Dél-Dunántúl, Észak- Magyarország, Észak-Alföld and Dél-Alföld in Hungary. (2) The operational programme fulfils the conditions set out in point (a) of the first subparagraph of Article 90(2) of Regulation (EU) No 1303/2013. (3) The operational programme was drawn up by Hungary in cooperation with the partners referred to in Article 5(1) of Regulation (EU) No 1303/2013 and the Commission. (4) In accordance with Article 29 of Regulation (EU) No 1303/2013, the Commission assessed the operational programme and made observations pursuant to paragraph 3 of that Article on 6 August Hungary provided supplementary information on 17 November 2014 and submitted a revised operational programme on 4 February OJ L 347, , p EN 2 EN

3 (5) The Commission concluded that the operational programme contributes to the Union strategy for smart, sustainable and inclusive growth and to the achievement of economic, social and territorial cohesion and is consistent with Regulation (EU) No 1303/2013, Regulation (EU) No 1301/2013 of the European Parliament and of the Council 2, Regulation (EU) No 1304/2013 of the European Parliament and of the Council 3 and with the content of the Partnership Agreement with Hungary approved by Commission Decision C(2014) 6152 of 29 August (6) The operational programme contains all the elements referred to in Article 27(1) to (6) and Article 96(1) to (7) of Regulation (EU) No 1303/2013 and was prepared in accordance with the model set out in Annex I to Commission Implementing Regulation (EU) No 288/ (7) Pursuant to the second paragraph of Article 76 of Regulation (EU) No 1303/2013, this Decision constitutes a financing decision within the meaning of Article 84 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council 5. It is nevertheless necessary to specify the elements needed to make the budgetary commitments with respect to the operational programme. (8) Pursuant to point (d) of the first subparagraph of Article 96(2) of Regulation (EU) No 1303/2013, it is necessary to specify, for each year, the amount of the total financial appropriation envisaged for the support from each of the Funds and to identify the amounts related to the performance reserve. It is also necessary to specify the amount of the total financial appropriation of the support from each of the Funds and the national co-financing for the operational programme and to identify the amounts related to the performance reserve for the whole programming period and for each priority axis. For priority axes which combine investment priorities from different thematic objectives, it is also necessary to specify the amount of the total financial appropriation from each of the Funds and the national co-financing for each of the corresponding thematic objectives. (9) Pursuant to Article 120(1) and (2) of Regulation (EU) No 1303/2013, it is necessary to fix for each priority axis the co-financing rate and to specify whether the co-financing rate for the priority axis applies to total eligible expenditure, including public and Regulation (EU) No 1301/2013 of the European Parliament and of the Council of 17 December 2013 on the European Regional Development Fund and on specific provisions concerning the Investment for growth and jobs goal and repealing Regulation (EC) No 1080/2006 (OJ L 347, , p. 289). Regulation (EU) No 1304/2013 of the European Parliament and of the Council of 17 December 2013 on the European Social Fund and repealing Council Regulation (EC) No 1081/2006 (OJ L 347, , p. 470). Commission Implementing Regulation (EU) No 288/2014 of 25 February 2014 laying down rules pursuant to Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund with regard to the model for operational programmes under the Investment for growth and jobs goal and pursuant to Regulation (EU) No 1299/2013 of the European Parliament and of the Council on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal with regard to the model for cooperation programmes under the European territorial cooperation goal (OJ L 87, , p. 1). Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, , p. 1). EN 3 EN

4 private expenditure, or to eligible public expenditure. For priority axes which concern more than one Fund, it is also necessary to fix the co-financing rate by Fund. (10) In accordance with Article 4(3) of Regulation (EU) No 1304/2013, the operational programme concentrates at least 60% of the ESF allocation to the less developed regions on up to five of the investment priorities set out in Article 3(1) of that Regulation. (11) In accordance with Article 11(3) of Regulation (EU) No 1304/2013, the operational programme sets out the contribution of the planned ESF-supported actions to the thematic objectives listed under points (1) to (7) of the first paragraph of Article 9 of Regulation (EU) No 1303/2013. (12) This Decision is without prejudice to the Commission s position regarding compliance of any operation supported under the operational programme with the State aid rules applicable at the time when the support is granted. (13) In accordance with Article 96(10) of Regulation (EU) No 1303/2013, the elements of the operational programme referred to in points (a), (b)(i) to (v) and (vii), (c)(i) to (iv), and (d) of the first subparagraph of paragraph 2, paragraph 3 and point (b) of paragraph 6 of that Article should therefore be approved. HAS ADOPTED THIS DECISION: Article 1 The following elements of the operational programme Territorial and Settlement Development for joint support from the ERDF and the ESF under the Investment for growth and jobs goal for the regions Közép-Dunántúl, Nyugat-Dunántúl, Dél-Dunántúl, Észak- Magyarország, Észak-Alföld and Dél-Alföld in Hungary for the period from 1 January 2014 to 31 December 2020, submitted in its final version on 4 February 2015, are hereby approved: (a) the justification for the choice of thematic objectives, corresponding investment priorities and financial allocations, as set out in Sections and 1.2 of the operational programme; (b) the elements required for each priority axis by point (b) of the first subparagraph of Article 96(2) of Regulation (EU) No 1303/2013, as set out in Section 2 of the operational programme with the exception of Sections 2.A.9 and 2.B.7; (c) the elements of the financing plan required pursuant to point (d) of the first subparagraph of Article 96(2) of Regulation (EU) No 1303/2013, as set out in Tables 17, 18a and 18c of Section 3 of the operational programme; (d) the integrated approach to territorial development showing how the operational programme contributes to the accomplishment of its objectives and expected results, as set out in Section 4 of the operational programme; (e) for each applicable ex ante conditionality, an assessment of whether it was fulfilled at the date of submission of the Partnership Agreement and of the operational programme, and where ex ante conditionalities were not fulfilled, a description of the actions to be taken, the timetable for implementation and the responsible bodies in accordance with the summary submitted in the Partnership Agreement, as set out in Section 9 of the operational programme. EN 4 EN

5 Article 2 The following priority axes shall be supported by the operational programme: (a) Priority axis 1 Development of regional economic environment to promote employment from the ERDF; (b) Priority axis 2 Enterprise friendly and population preserving urban development from the ERDF; (c) Priority axis 3 Transition into a low carbon economy, especially in urban areas from the ERDF; (d) Priority axis 4 Development of local community services and strengthening of social co-operation from the ERDF; (e) Priority axis 5 Human resource developments, social inclusion and employment promotion at county and local level from the ESF; (f) Priority axis 6 Sustainable urban development in towns with county rights from the ERDF and the ESF; (g) Priority axis 7 Community-led Local Developments (CLLD) from the ERDF and the ESF. Article 3 Expenditure shall be eligible from 1 January Article 4 1. The maximum amount of the total financial appropriation envisaged for the support each of the Funds and the amounts related to the performance reserve are set out in Annex I. 2. The total financial appropriation for the operational programme is set at EUR , to be financed from the following specific budget lines in accordance with the nomenclature of the General Budget of the European Union for 2014: (a) : EUR (ERDF Less developed regions); (b) : EUR (ESF Less developed regions). 3. The co-financing rate for each priority axis by Fund is set out in Annex II. The cofinancing rate for each priority axis shall apply to total eligible expenditure, including private and public expenditure. This Decision is addressed to Hungary. Article 5 EN 5 EN

6 Done at Brussels, For the Commission Corina Creţu Member of the Commission EN 6 EN