MS experts meeting on Implementing Act for ESIF financial instruments 26 September 2013

1. MS experts meeting on Implementing Act for ESIF financial instruments26 September 2013

2. General questions from MS • Contribution to EU-level instruments (ES) • ESI Funds contributions in a compartment to be used in a given region • EU level instruments are currently under development • Open Days workshop • Continuity between 2007-2013 and 2014-2020 (CZ) • MA can contribute to existing financial instruments, respecting the law, including on public procurement • Flows of resources 2007-2013 and 2014-2020 should be kept separate as they fall under two different legal regimes • The guidelines and preparation for 2014-2020 (CZ) • COM working on the guidance and the TAP, depending on the progress in the adoption of the legislation • A glossary of definitions will be prepared

3. Changes in fiches 9 and 10 • CPR as preliminarily agreed in the trilogue on 2 July and endorsed by COREPER on 24 July • Legal drafting: • Avoiding redundancies with the CPR • Coherent use of "bodies implementing financial instruments" versus "bodies implementing funds of funds" • Order to better reflect CPR empowerments • Further specifying certain requirements

4. Implementing Act

5. CPR empowerments • 33(3)(a): Implementing act concerning financial instruments complying with the standard terms and conditions laid down by the Commission • 33(9): Implementing act laying down the uniform conditions regarding the modalities of the transfer and management of programme contributions, managed by the entities referred to under Article 33(4) • 40(3): Implementing act laying down uniform conditions by establishing models to be used when reporting on financial instruments – covered by Fiche 4b • 35(3) is covered by Fiche 5A (closed on 28/6)

6. Changes in fiche 9 (1) • 3.2: No requirement on the nomination of a single managing authority and a single audit authority • Rules for withdrawal of contributions moved to DA

7. Changes in fiche 9 (2) • 3.1: Updated standard terms and condition for the off-the-shelf instruments • Questions received from MS • Mainly the State aid application • Relevance of the proposedmodels (pastexperience and policy objectives to support FR) • Conditions for the selection of financialintermediaries • No UDF proposedyet

8. Changes in fiche 4b • Reporting model reduced about 66 sub-sections, focused on mandatory categories of information to be transposed into SFC2014 • Part IV of the reporting model: newcategories of information relevant only for final report were added in sections 16.3.3, 16.4 and 16.4 • Part V of the reporting model: section referring to"management costs incurred or management fees paid" with reference to Article 40(2)(e), was moved to the Part IV (section 16.3) and divided by 3 sub-categories. • Part VII of the reporting model:category of data "amounts repaid to the FI attributable to the support from ESI funds programmes and re-invested by the specific financial instrument" (previous section 31) was excluded from the reporting.

9. Questions received from MS • Questions submitted by BG, CZ, EL and HU concerned: • Official address/place of business of the FI; • Legal status of the FI; • Reporting on micro-enterprises; • Reporting requirements for fund of funds; • Management costs& fees, including those pursuant to Article 36(2) • Number of financial products offered; • Possibility of multiple-choice for some sections (for example: forms of financial support provided by the FI); • Wording & definitions: "equity/quasi-equity investment", "defaulted loan"; additional resources ; • Further guidance on the FI reporting