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13.12.2011 Official
Journal
of
the
European
Union
L
329/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 1292/2011
of 9 December 2011
amending Regulation (EC) No 718/2007 implementing Council Regulation (EC) No 1085/2006
establishing an instrument for pre–accession assistance (IPA)
THE EUROPEAN COMMISSION,
the pre-financing paid by the Commission to the
countries benefiting from the human resources devel
opment and the rural development component should
Having regard to the Treaty on the Functioning of the European
be increased and these provisions should be aligned
Union,
with the provisions governing pre-financing for the
regional development component.
Having regard to Council Regulation (EC) No 1085/2006 of
17 July 2006 establishing an Instrument for Pre-Accession
(5) The
provisions
laid
down
in
this
Regulation
are
in
Assistance (IPA) ( 1 ) (‘the IPA Regulation’) and in particular
accordance with the opinion of the IPA Committee,
Article 3(3) thereof,
HAS ADOPTED THIS REGULATION:
Whereas:
Article 1
(1) Commission
Regulation
(EC)
No
718/2007
of
12
June
2007 implementing Council Regulation (EC) No
Regulation (EC) No 718/2007 is amended as follows:
1085/2006 establishing an instrument for pre–accession
assistance (IPA) ( 2 ) provides for detailed rules for the
implementation of the IPA Regulation.
(1) in Article 34(3), point (e) is replaced by the following:
(2) The
provisions
of
Regulation
(EC)
No
718/2007
on
eligi
bility of operating costs should be aligned with the
‘(e) operating costs, except where otherwise provided for
framework agreements concluded with international
under framework agreements with international organi
organisations.
sations;’;
(3) In the specific provisions for the cross-border
(2) in Article 89(3), the following subparagraph is added:
component, the derogation clause for eligible expenditure
as regards operating costs should be aligned to that of
the transition assistance and institution building
‘Operating costs, including rental costs, exclusively related to
component.
the period of co-financing of the operation, may be
considered eligible on a case-by-case basis.’;
(4)
In the specific provisions for the human resources devel
opment and the rural development components,
Article 160 and Article 188 of Regulation (EC) No
(3) in Article 160, paragraph 3 is replaced by the following:
718/2007 lay down the conditions for paying the pre-
financing for the human resources development and the
rural development component. In the light of the
‘3. In
addition
to
the
provisions
of
Article
42,
payments
experience gained in the implementation of these rules,
for the pre-financing shall amount to 30 % of the European
Union contribution for the three most recent years of the
( 1 ) OJ L 210, 31.7.2006, p. 82.
programme concerned, and shall be made once the
( 2 ) OJ L 170, 29.6.2007, p. 1.
conditions laid down in Article 42(1) are met. Where

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L 329/2
EN
Official Journal of the European Union
13.12.2011
necessary, with regard to the availability of budgetary
contribution for the three most recent years of the
commitment, the pre-financing may be made in two
programme concerned. Subject to the availability of
instalments.’;
budgetary appropriations, pre-financing may be paid in
two or more instalments.’.
(4) in Article 160, paragraph 4 is deleted;
(5) in Article 188, paragraph 1 is replaced by the following:
Article 2
‘1. For
the
purposes
of
this
component,
pre-financing This Regulation shall enter into force on the day following its
payments may amount to 30 % of the European Union
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, 9 December 2011.
For the Commission
The President
José Manuel BARROSO

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