Barriers to the implementation of financial instruments under cohesion policy

Abstract: One of the main sources of financing investments in the public sector are preferential loans or guarantees granted under European funds. The article presents the current legal system for the implementation of financial instruments, legal and systemic issues that hinder the use of this form of support, including the overlapping of financial instruments of two financial perspectives, and a proposal for new legal solutions aimed at simplifying the implementation of financial instruments in the 2021-2027 financial perspective.

Bibliography:

Act of 11 July 2014 on the principles of implementation of the cohesion policy programmes, financed under the 2014-2020 financial perspective (Dziennik Ustaw [Journal of Laws] from 2016 item 217).
Commission Delegated Regulation (EU) No 480/2014 of 3 March 2014 supplementing 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.
Commission Implementing Regulation (EU) No 964/2014 of 11 September 2014 laying down rules for the application of Regulation (EU) No 1303/2013 of the European Parliament and of the Council as regards standard terms and conditions for financial instruments.
Commission Implementing Regulation (EU) No 821/2014 of 28 July 2014 laying down rules for the application of Regulation (EU) No 1303/2013 of the European Parliament and of the Council as regards detailed arrangements for the transfer and management of programme contributions, the reporting on financial instruments, technical characteristics of information and communication measures for operations and the system to record and store data.
Communication From The Commission To The European Parliament, The European Council, The Council, The European Economic And Social Committee And The Committee Of The Region, A Modern Budget for a Union that Protects, Empowers and Defends The Multiannual Financial Framework for 2021-2027, European Commission, Brussels, 2.5.2018COM(2018) 321 final.
EC Regulatory Guidance (Guidance for Member States on Article 37(4) CPR, Support to enterprises/working capital), European Commission, EGESIF_14_0041-1 27/03/2015.
Guidance Member States Request for payment, EGESIF_15-0006-01 08/06/2015; European Commission, European Structural and Investment Funds Guidance for Member States and Programme Authorities CPR_37_7_8_9 Combination of support from a Financial Instrument with other forms of support, European Union, 2015.
Guidance for Member States on Article 37(2) CPR – Ex-ante assessment, European Commission, EGESIF_14_0039-1 27/03/2015.
Guidance for Member States on Article 42(1)(d) CPR – Eligible management costs and fees, European Union, 2015.
Guidance for Member States on Interest and Other Gains Generated by ESI Funds support paid to FI (Article 43 CPR), EGESIF_15-0031-01, Final 17/02/2016.
Financial Engineering Instruments in Cohesion Policy, Directorate-General for Internal Policies, European Parliament 2013.
Faiña, A., Lopez-Rodguez, J., Montes-Solla, P. and Varela-Candamio, L., Expert evaluation network delivering policy analysis on the performance of Cohesion policy 2007-2013 Year 2 – 2012 Task 1: Financial engineering, Spain, Jean Monnet Research Group on Competition and Development, University Of Coruña, A report to the European Commission Directorate-General Regional Policy.
New guidelines on combining European Structural and Investment Funds with the EFSI, European Commission, March 2016.
Simplification of the implementation of Cohesion Policy, Workshops on 27 January and 10 March 2016, Final Report, Committee of Regions, Brussels, April 2016.
Visvizi, A., ‘The Eurozone crisis in perspective: causes & implications’, in: A. Visvizi, T. Stepniewski (eds.), ‘The Eurozone crisis: implications for Central and Eastern Europe’, Yearbook of the Institute of Central-East Europe, vol. 10, issue 5, 2012, pp. 13-32.
Implementing the EU budget through financial instruments – lessons to be learnt from the 2007-2013 programme period, Special Report No 19/2016 European Court of Auditors, 2016.
Proposal for a Regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument, COM(2018)375 final, European Commission, Strasbourg, 29.05.2018.
Regulation of the European Parliament and of the Council (EU, EURATOM) No. 966/2012 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.
Regulation of the European Parliament and of the Council (EU, EURATOM) No 547/2014 of 15 May 2014 amending Regulation (EU, Euratom) No 966/2012 on the financial rules applicable to the general budget of the Union.

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