欧洲议会和理事会条例(EU) No 1300/2013 ,关于聚合基金和废除理事会条例(EC) No 1084/2006

技术法规类型:欧盟Eurlex法规 来源:tbtmap

EURLEX ID:32013R1300

OJ编号:OJ L 347, 20.12.2013, p. 281-288

中文标题:欧洲议会和理事会条例(EU) No 1300/2013 ,关于聚合基金和废除理事会条例(EC) No 1084/2006

原文标题:Regulation (EU) No 1300/2013 of the European Parliament and of the Council of 17 December 2013 on the Cohesion Fund and repealing Council Regulation (EC) No 1084/2006

分类:14.60_经济与社会合作基金

文件类型:二级立法 Regulation|条例

生效日期:2013-12-21

废止日期:2058-12-31

法规全文:查看欧盟官方文件

HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
20.12.2013 Official
Journal
of
the
European
Union L
347/281
REGULATION (EU) No 1300/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 17 December 2013
on the Cohesion Fund and repealing Council Regulation (EC) No 1084/2006
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
and the European Maritime and Fisheries Fund. That
EUROPEAN UNION,
Regulation constitutes a new framework for the
European Structural and Investment Funds including
the Cohesion Fund. It is necessary, therefore, to specify
Having regard to the Treaty on the Functioning of the European
the tasks of the Cohesion Fund in relation to that
Union, and in particular the second paragraph of Article 177
framework and in relation to the purpose assigned to
thereof,
the Cohesion Fund in the TFEU.
Having regard to the proposal from the European Commission,
(3) Specific
provisions
concerning
the
type
of
activities
which can be supported by the Cohesion Fund, in
order to contribute to the investment priorities within
After transmission of the draft legislative act to the national
the thematic objectives set out in Regulation (EU)
parliaments,
No 1303/2013, should be laid down.
Having regard to the opinion of the European Economic and
(4) The
Union
should
be
able
to
contribute,
through
the
Social Committee ( 1 ),
Cohesion Fund, to actions in pursuit of its environmental
objectives, in accordance with Articles 11 and 191 TFEU,
namely energy efficiency and renewable energy and, in
Having regard to the opinion of the Committee of the
the transport sector outside the trans-European networks,
Regions (
rail, river and sea transport, intermodal transport systems

2 ),
and their interoperability, management of road, sea and
air traffic, clean urban transport and public transport.
Acting in accordance with the ordinary legislative procedure,
(5) It
should
be
recalled
that
where
measures
based
on
Whereas:
Article 192(1) TFEU involve costs deemed dispropor
tionate for the public authorities of a Member State
and financial support from the Cohesion Fund is
provided in accordance with Article 192(5) TFEU, the
(1) The
first
paragraph
of
Article
174
of
the
Treaty
on
the
Functioning of the European Union (TFEU) provides that
polluter pays principle is nevertheless to apply.
the Union is to develop and pursue its actions leading to
the strengthening of its economic, social and territorial
cohesion. The Cohesion Fund which is established by this
(6) Trans-European
transport
network
(TEN-T)
projects
Regulation should, therefore, provide a financial
supported by the Cohesion Fund are to comply with
contribution to projects in the fields of environment
the guidelines established in Regulation (EU) No
and trans-European networks in the area of transport
1315/2013 of the European Parliament and of the Coun
infrastructure.
cil ( 4 ). In order to concentrate efforts in that regard,
priority should be given to projects of common
interest as defined in that Regulation.
(2) Regulation
(EU)
No
1303/2013
of
the
European
Parliament and of the Council ( 3 ) sets out provisions
common to the European Regional Development Fund
(ERDF), the European Social Fund, the Cohesion Fund,
(7) Investment
to
achieve
the
reduction
of
greenhouse
gas
the European Agricultural Fund for Rural Development
emissions from activities listed in Annex I to Directive
2003/87/EC of the European Parliament and of the
Council ( 5 ) should not be eligible for support from the
( 1 ) OJ C 191, 29.6.2012, p. 38.
Cohesion Fund as it already benefits financially from the
( 2 ) OJ C 225, 27.7.2012, p. 143.
( 3 ) Regulation (EU) No 1303/2013 of the European Parliament and of
the Council of 17 December 2013 laying down common provisions
( 4 ) Regulation (EU) No 1315/2013 of the European Parliament and of
on the European Regional Development Fund, the European Social
the Council of 11 December 2013 on Union guidelines for the
Fund, the Cohesion Fund, the European Agricultural Fund for Rural
development of the trans-European transport network and
Development and the European Maritime and Fisheries Fund and
repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1).
laying down general provisions on the European Regional Devel
( 5 ) Directive 2003/87/EC of the European Parliament and of the
opment Fund, the European Social Fund, the Cohesion Fund and
Council of 13 October 2003 establishing a scheme for greenhouse
the European Maritime and Fisheries Fund and repealing Council
gas emission allowance trading within the Community and
Regulation (EC) No 1083/2006 (See page 320 of this Official
amending Council Directive 96/61/EC (OJ L 275, 25.10.2003,
Journal).
p. 32).

L 347/282
EN
Official Journal of the European Union
20.12.2013
application of that Directive. That exclusion should not
sustainable and inclusive growth, it is necessary to set out
restrict the possibility of using the Cohesion Fund to
within each thematic objective laid down in Regulation
support activities that are not listed in Annex I to
(EU) No 1303/2013, the Cohesion Fund-specific actions
Directive 2003/87/EC even if those activities are imple
as 'investment priorities'. Those investment priorities
mented by the same economic operators, and include
should set out detailed objectives, which are not
activities such as energy efficiency investment in the
mutually exclusive, to which the Cohesion Fund is to
co-generation of heat and power and in district heating
contribute. Such investment priorities should form the
networks, smart energy distribution, storage and trans
basis for the definition of specific objectives within oper
mission systems and measures aimed at reducing air
ational programmes that take into account the needs and
pollution, even if one of the indirect effects of such
characteristics of the programme area. In order to
activities is the reduction of greenhouse gas emissions,
increase flexibility and reduce the administrative burden
or if they are listed in the national plan referred to in
through joint implementation, the ERDF and the
Directive 2003/87/EC.
Cohesion Fund investment priorities under the
corresponding thematic objectives should be aligned.
(8) It
is
not
possible
for
investment
in
housing,
other
than
that related to the promotion of energy efficiency or
renewable energy use, to be eligible for support from
the Cohesion Fund as it falls outside the scope of
(13) A common set of output indicators to assess the
aggregated progress at Union level of the implementation
support from the Cohesion Fund as defined in the TFEU.
of operational programmes should be set out in an
Annex to this Regulation. Those indicators should
correspond to the investment priority and type of
action supported in accordance with this Regulation
(9) In
order
to
accelerate
the
development
of
transport
infra
and the relevant provisions of Regulation (EU)
structure across the Union, the Cohesion Fund should
No 1303/2013. The common output indicators should
support transport infrastructure projects of European
be complemented by programme-specific result indi
added value provided for in Regulation (EU) No
cators and, where relevant, by programme-specific
1316/2013 of the European Parliament and of the Coun
output indicators.
cil ( 1 ) for a total amount of EUR 10 000 000 000. The
allocation of support from the Cohesion Fund to those
projects should comply with the rules established under
Article 92(6) of Regulation (EU) No 1303/2013. In
accordance with Regulation (EU) No 1316/2013,
support should be available only to Member States
(14) In order to amend this Regulation with regard to certain
eligible for funding from the Cohesion Fund, with the
non-essential elements, the power to adopt acts in
co-financing rates applicable to that Fund.
accordance with Article 290 TFEU should be delegated
to the Commission in respect of the amendment of the
list of common output indicators set out in Annex I to
this Regulation. It is of particular importance that the
Commission carry out appropriate consultations during
(10) It is important to ensure that, in promoting risk
management investment, specific risks at regional,
its preparatory work, including at expert level. The
cross-border and transnational level are taken into
Commission, when preparing and drawing up delegated
account.
acts, should ensure a simultaneous, timely and appro

priate transmission of relevant documents to the
European Parliament and the Council.
(11) Complementarity
and synergies
between interventions
supported by the Cohesion Fund, the ERDF, the
European territorial cooperation goal and the Connecting
Europe Facility should be ensured, in order to avoid
(15) Since the objective of this Regulation, namely to
duplication of efforts and to guarantee the optimal
strengthen the economic, social and territorial cohesion
linkage of different types of infrastructure at local,
of the Union in the interests of promoting sustainable
regional and national level, and throughout the Union.
development, cannot be sufficiently achieved by the
Member States but can rather, by reason of the extent
of the disparities between the levels of development of
the various regions and the backwardness of the least
(12) In
order
to
address
the
specific
needs
of
the
Cohesion
favoured regions and the limit on the financial
Fund, and in line with the Union strategy for smart,
resources of the Member States and regions, be better
achieved at Union level, the Union may adopt
measures, in accordance with the principle of subsidiarity
( 1 ) Regulation (EU) No 1316/2013 of the European Parliament and of
as set out in Article 5 of the Treaty on European Union.
the Council of 11 December 2013 establishing the Connecting
In accordance with the principle of proportionality, as set
Europe Facility, amending Regulation (EU) No 913/2010 and
repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (OJ
out in that Article, this Regulation does not go beyond
L 348, 20.12.2013, p. 129).
what is necessary in order to achieve that objective.

EN
20.12.2013 Official
Journal
of
the
European
Union L
347/283
(16) Since this Regulation replaces Council Regulation (EC)
(b) investment to achieve the reduction of greenhouse gas
No 1084/2006 ( 1 ), that Regulation should be repealed.
emissions from activities listed in Annex I to Directive
However, this Regulation should not affect either the
2003/87/EC;
continuation or modification of assistance approved by
the Commission on the basis of Regulation (EC)
No 1084/2006 or any other legislation applying to that
(c) investment in housing unless related to the promotion of
assistance on 31 December 2013. That Regulation or
energy efficiency or renewable energy use;
such other applicable legislation should consequently
continue to apply after 31 December 2013 to that
assistance or the operations concerned until their
(d) the manufacturing, processing and marketing of tobacco
closure. Applications to receive assistance made or
and tobacco products;
approved under Regulation (EC) No 1084/2006 should
remain valid.
(e) undertakings in difficulty, as defined under Union State aid
(17) In
order
to
allow
for
the
prompt
application
of
the
rules;
measures provided for in this Regulation, this Regulation
should enter into force on the day following that of its
publication in the Official Journal of the European Union,
(f) investment in airport infrastructure unless related to envi
ronmental protection or accompanied by investment
necessary to mitigate or reduce its negative environmental
HAVE ADOPTED THIS REGULATION:
impact.
Article 1
Article 3
Establishment of the Cohesion Fund and subject matter
Cohesion Fund support for transport infrastructure
1. A
Cohesion
Fund
is
hereby
established
for
the
purpose
of
projects under the Connecting Europe Facility
strengthening the economic, social and territorial cohesion of
The Cohesion Fund shall support transport infrastructure
the Union in the interests of promoting sustainable devel
projects of European added value provided for in Regulation
opment.
(EU) No 1316/2013 for an amount of EUR 10 000 000 000
in accordance with Article 92(6) of Regulation (EU) No
2. This Regulation establishes the tasks of the Cohesion Fund
1303/2013.
and the scope of its support with regard to the Investment for
growth and jobs goal referred to in Article 89 of Regulation
(EU) No 1303/2013.
Article 4
Investment priorities
Article 2
The Cohesion Fund shall support the following investment
Scope of support from the Cohesion Fund
priorities within the thematic objectives set out in the first
paragraph of Article 9 of Regulation (EU) No 1303/2013, in
1. The
Cohesion
Fund
shall,
while
ensuring
an
appropriate accordance with the development needs and growth potential
balance and according to the investment and infrastructure
referred to in point (a)(i) of Article 15(1) of that Regulation and
needs specific to each Member State, support:
set out in the Partnership Agreement:
(a) investment in the environment, including areas related to
(a) supporting the shift towards a low-carbon economy in all
sustainable development and energy which present environ
sectors by:
mental benefits;
(b) TEN-T, in compliance with the guidelines adopted by Regu
(i) promoting the production and distribution of energy
lation (EU) No 1315/2013;
derived from renewable sources;
(c) technical assistance.
(ii) promoting energy efficiency and renewable energy use
in enterprises;
2. The
Cohesion
Fund
shall
not
support:
(iii) supporting energy efficiency, smart energy management
(a) the decommissioning or the construction of nuclear power
and renewable energy use in public infrastructure,
stations;
including in public buildings, and in the housing sector;
( 1 ) Council Regulation (EC) No 1084/2006 of 11 July 2006 establishing
a Cohesion Fund and repealing Regulation (EC) No 1164/94 (OJ
(iv) developing and implementing smart distribution
L 210, 31.7.2006, p. 79).
systems that operate at low and medium voltage levels;

L 347/284
EN
Official Journal of the European Union
20.12.2013
(v) promoting low-carbon strategies for all types of terri
systems, including inland waterways and maritime
tories, in particular for urban areas, including the
transport, ports, multimodal links and airport infra
promotion of sustainable multimodal urban mobility
structure, in order to promote sustainable regional
and mitigation-relevant adaptation measures;
and local mobility;
(vi) promoting the use of high-efficiency co-generation of
(iii) developing and rehabilitating comprehensive, high
heat and power based on useful heat demand;
quality and interoperable railway systems, and
promoting noise-reduction measures;
(b) promoting climate change adaptation, risk prevention and
management by:
(e) enhancing institutional capacity of public authorities and
stakeholders and efficient public administration through
actions to strengthen the institutional capacity and the effi
(i) supporting investment for adaptation to climate change,
ciency of public administrations and public services related
including ecosystem-based approaches;
to the implementation of the Cohesion Fund.
(ii) promoting investment to address specific risks, ensuring
Article 5
disaster resilience and developing disaster management
systems;
Indicators
1. Common output indicators, as set out in Annex I to this
Regulation, programme-specific result indicators and, where
(c) preserving and protecting the environment and promoting
relevant, programme-specific output indicators shall be used
resource efficiency by:
in accordance with Article 27(4) and point (b)(ii) and (iv) and
point (c)(ii) and (iv) of Article 96(2) of Regulation (EU)
No 1303/2013.
(i) investing in the waste sector to meet the requirements
of the Union's environmental acquis and to address
needs, identified by the Member States, for investment
2. For
common
and
programme-specific
output
indicators,
that goes beyond those requirements;
baselines shall be set at zero. Cumulative quantified target
values for those indicators shall be set for 2023.
(ii) investing in the water sector to meet the requirements
of the Union's environmental acquis and to address
needs, identified by the Member States, for investment
3. For
programme-specific
result
indicators,
which
relate
to
that goes beyond those requirements;
investment priorities, baselines shall use the latest available data
and targets shall be set for 2023. Targets may be expressed in
quantitative or qualitative terms.
(iii) protecting and restoring biodiversity and soil and
promoting ecosystem services, including through
Natura 2000, and green infrastructure;
4. The
Commission
shall
be
empowered
to
adopt
delegated
acts in accordance with Article 7 to amend the list of common
output indicators set out in Annex I, in order to make adjust
ments, where justified to ensure effective assessment of progress
(iv) taking action to improve the urban environment, to
in operational programme implementation.
revitalise cities, regenerate and decontaminate
brownfield sites (including conversion areas), reduce
air pollution and promote noise-reduction measures;
Article 6
(d) promoting sustainable transport and removing bottlenecks
Transitional provisions
in key network infrastructures by:
1. This
Regulation
shall
not
affect
either
the
continuation
or
modification, including the total or partial cancellation of
assistance approved by the Commission on the basis of Regu
(i) supporting a multimodal Single European Transport
lation (EC) No 1084/2006 or any other legislation applying to
Area by investing in the TEN-T;
that assistance on 31 December 2013. That Regulation or such
other applicable legislation shall consequently continue to apply
after 31 December 2013 to that assistance or the operations
concerned until their closure. For the purposes of this paragraph
(ii) developing and improving environmentally-friendly
assistance shall cover operational programmes and major
(including low-noise) and low-carbon transport
projects.

EN
20.12.2013 Official
Journal
of
the
European
Union L
347/285
2. Applications
to
receive
assistance
made
or
approved
under European Parliament and the Council or if, before the expiry
Regulation (EC) No 1084/2006 shall remain valid.
of that period, the European Parliament and the Council have
both informed the Commission that they will not object. That
period shall be extended by two months at the initiative of the
Article 7
European Parliament or the Council.
Exercise of the delegation
1. The
power
to
adopt
delegated
acts
is
conferred
on
the
Article 8
Commission subject to the conditions laid down in this Article.
Repeal
Without prejudice to Article 6 of this Regulation, Regulation
2. The power to adopt delegated acts referred to in
(EC) No 1084/2006 is hereby repealed with effect from
Article 5(4) shall be conferred on the Commission from
1 January 2014.
21 December 2013 until 31 December 2020.
3. The
delegation
of
power
referred
to
in
Article
5(4)
may
be
References to the repealed Regulation shall be construed as
revoked at any time by the European Parliament or by the
references to this Regulation and shall be read in accordance
Council. A decision to revoke shall put an end to the delegation
with the correlation table set out in Annex II.
of the power specified in that decision. It shall take effect the
day following the publication of the decision in the Official
Journal of the European Union or at a later date specified
Article 9
therein. It shall not affect the validity of any delegated acts
already in force.
Review
The European Parliament and the Council shall review this
Regulation by 31 December 2020, in accordance with
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall Article 177 TFEU.
notify it simultaneously to the European Parliament and to the
Council.
Article 10
5. A
delegated
act
adopted
pursuant
to
Article
5(4)
shall
Entry into force
enter into force only if no objection has been expressed
either by the European Parliament or the Council within a
This Regulation shall enter into force on the day following that
period of two months of notification of that act to the
of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 December 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
R. ADIUS

L 347/286
EN
Official Journal of the European Union
20.12.2013
ANNEX I
COMMON OUTPUT INDICATORS FOR THE COHESION FUND
UNIT NAME
Environment
Solid waste tonnes/year Additional
waste
recycling
capacity
Water supply persons Additional
population
served
by
improved
water
supply
Wastewater treatment population
equivalent Additional
population
served
by
improved
wastewater treatment
Risk prevention and management persons Population
benefiting
from
flood
protection
measures
persons Population
benefiting
from
forest
fire
protection
measures
Land rehabilitation hectares Total
surface
area
of
rehabilitated
land
Nature and biodiversity hectares Surface
area
of
habitats
supported
in
order
to
attain a better conservation status
Energy and climate change
Renewables MW Additional
capacity
of
renewable
energy
production
Energy efficiency households Number
of
households
with
improved
energy
consumption classification
kWh/year Decrease
of
annual
primary
energy
consumption
of public buildings
users Number
of
additional
energy
users
connected
to
smart grids
GHG reduction tonnes
of
CO 2 eq Estimated
annual
decrease
of
GHG
Transport
Railway kilometres Total
length
of
new
railway
lines
kilometres Total
length
of
reconstructed
or
upgraded
railway
lines
Roads kilometres Total
length
of
newly
built
roads
kilometres Total
length
of
reconstructed
or
upgraded
roads
Urban transport kilometres Total
length
of
new
or
improved
tram
and
metro
lines
Inland waterways kilometres Total
length
of
new
or
improved
inland
waterways

EN
20.12.2013 Official
Journal
of
the
European
Union L
347/287
ANNEX II
CORRELATION TABLE
Regulation (EC) No 1084/2006 This
Regulation
Article 1 Article
1
Article 2 Article
2
Article 3
—
Article 4
—
— Article
3
— Article
4
— Article
5
Article 5 Article
6
Article 5a
—
— Article
7
Article 6 Article
8
Article 7 Article
9
Article 8 Article
10

L 347/288
EN
Official Journal of the European Union
20.12.2013
Joint statement of the European Parliament and of the Council concerning the application of
Article 6 of the ERDF Regulation, Article 15 of the ETC Regulation and Article 4 of the
Cohesion Fund Regulation
The European Parliament and the Council note the assurance provided by the Commission to the EU
legislature that the common output indicators for the ERDF Regulation, the ETC Regulation and the
Cohesion Fund Regulation to be included in an annex to, respectively, each regulation, are the outcome
of a lengthy preparatory process involving the evaluation experts of both the Commission and the Member
States and, in principle, are expected to remain stable.

Document Outline


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