EEA Financial Mechanism 2021-2028 Regulation for Beneficiary State Consultation – All chapters and annexes
Chapter 1 General provisions.................................................................................................................................................................................................................................... 2
Chapter 2 Strategic approach ................................................................................................................................................................................................................................. 13
Chapter 3 Information and Communication ............................................................................................................................................................................................................ 19
Chapter 4 Bilateral relations ................................................................................................................................................................................................................................... 30
Chapter 5 Management and control systems......................................................................................................................................................................................................... 44
Chapter 6 Programmes ........................................................................................................................................................................................................................................... 65
Chapter 7 Selection of projects ............................................................................................................................................................................................................................... 83
Chapter 8 Eligibility of expenditures ....................................................................................................................................................................................................................... 99
Chapter 9 Financial management ......................................................................................................................................................................................................................... 134
Chapter 10 Evaluations and monitoring ............................................................................................................................................................................................................... 143
Chapter 11 Audits.................................................................................................................................................................................................................................................. 145
Chapter 12 Irregularities ........................................................................................................................................................................................................................................ 148
Chapter 13 Suspension of payments, financial corrections and reimbursement................................................................................................................................................. 154
Chapter 14 Final provisions ................................................................................................................................................................................................................................... 164
Annex 1: Eligible Thematic Priorities and Programme Areas ................................................................................................................................................................................ 167
Annex 2: Template for MoU .................................................................................................................................................................................................................................. 168
Annex 3: Bilateral Fund Agreement template ....................................................................................................................................................................................................... 190
Annex 4: Programme agreement template ........................................................................................................................................................................................................... 209
Annex 5: Technical assistance agreement template ............................................................................................................................................................................................. 229
Concept Note template.......................................................................................................................................................................................................................................... 240
Chapter 1
General provisions
Current text New text (with track changes) Comments
Chapter 1 Chapter 1
General provisions General provisions
Article 1.1 Article 1.1
Subject matter Subject matter
1. This Regulation applies to the implementation of the 1. This Regulation applies to the implementation of the
EEA Financial Mechanism 2014-2021 and was EEA Financial Mechanism 2014-20212021-2028 and
adopted in accordance with Article 10 of Protocol 38c was adopted in accordance with Article 10 9 of
to the EEA Agreement. Protocol 38c38d to the EEA Agreement.
2. This Regulation lays down the general rules 2. This Regulation lays down the general Language clarification
governing the EEA Financial Mechanism 2014-2021 rulesprovisions for implementation of the EEA
without prejudice to the provisions laid down in Financial Mechanism 2014-20212021-2028 without
Protocol 38c to the EEA Agreement. prejudice to the provisions laid down in Protocol
38c38d to the EEA Agreement.
Article 1.2 Article 1.2
Objectives Objectives
The overall objectives of the EEA Financial The overall objectives of the EEA Financial Text aligned with the Protocol
Mechanism 2014-2021 are to contribute to the Mechanism 2014-20212021-2028 are to contribute to
reduction of economic and social disparities in the the reduction of economic and social disparities in the
European Economic Area and to strengthen bilateral European Economic Area and to strengthen bilateral
relations between the Donor States and the Beneficiary relations between the Donor States and the Beneficiary
States through financial contributions in the priority States through financial contributions in the priority
sectors listed in paragraph 1 of Article 2.1. sectorsthematic priorities listed in paragraph 1 of
Article 2.1.
Article 1.3 Article 1.3
Principles of implementation Principles of implementation
1. All programmes and activities funded by the EEA 1. All programmes and activities funded by Tthe EEA Text aligned with the Protocol
Financial Mechanism 2014-2021 shall be based on the Financial Mechanism 2014-20212021-2028 is shall be
common values of respect for human dignity, freedom, based on the common values and principles of respect
democracy, equality, the rule of law and the respect for for human dignity, freedom, democracy, equality, the
human rights, including the rights of persons rule of law and the respect for human rights, including
belonging to minorities. the rights of persons belonging to minorities. All
programmes and activities funded by the EEA
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General provisions
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Financial Mechanism 2021-2028 shall be consistent
with respect for these values and principles and abstain
from supporting operations that may fail to do so.
Their implementation shall comply with the
fundamental rights and obligations enshrined in
relevant instruments and standards.
2. All programmes and activities funded by the EEA 2. All programmes and activities funded byThe Text aligned with the Protocol
Financial Mechanism 2014-2021 shall follow the implementation of the EEA Financial Mechanism
principles of good governance; they shall be 2014-20212021-2028 shall follow the principles of
participatory and inclusive, accountable, transparent, good governance; , they shall be participatory and
responsive, effective and efficient. There shall be zero- inclusive, accountable, transparent, responsive,
tolerance towards corruption. effective and efficient. There shall be zero-tolerance
towards corruption.
3. All programmes and activities funded by the EEA 3. All programmes and activities funded byThe Text aligned with the Protocol
Financial Mechanism 2014-2021 shall be consistent implementation of the EEA Financial Mechanism
with sustainable development, long-term economic 2014-20212021-2028 shall be consistent with
growth, social cohesion and environmental protection. sustainable development, long-term economic growth,
social cohesion and environmental protection.
4. All programmes and activities funded by the EEA 4. All programmes and activities funded byThe Text aligned with the Protocol
Financial Mechanism 2014-2021 shall follow a results implementation of the EEA Financial Mechanism
and risk management approach. 2014-20212021-2028 shall follow a results and risk
management approach.
Article 1.4 Article 1.4
Principle of co-operation Principle of co-operation
The objectives of the EEA Financial Mechanism The objectives of the EEA Financial Mechanism Text aligned with the Protocol
2014-2021 shall be pursued in the framework of close 2014-20212021-2028 shall be pursued in the a
co-operation between the Donor States and the framework of close co-operation between the Donor
Beneficiary States. States and the Beneficiary States, respecting the values
and principles and complying with the rights and
obligations referred to in Article 1.3.
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Article 1.5 Article 1.5
The legal framework The legal framework
1. This Regulation shall be read in conjunction with 1. This Regulation shall be read in conjunction with
the following documents which, together with the the following documents which, together with the
Regulation and its annexes, constitute the legal Regulation and its annexes, constitute the legal
framework of the EEA Financial Mechanism 2014- framework of the EEA Financial Mechanism 2014-
2021: 20212021-2028:
(a) Protocol 38c to the EEA Agreement on the EEA (a) Protocol 38c38d to the EEA Agreement on the
Financial Mechanism 2014-2021; EEA Financial Mechanism 2014-20212021-
2028;
(b) the Memorandum of Understanding on the
Implementation of the EEA Financial Mechanism (b) the Memorandum of Understanding on the
2014-2021 (hereinafter referred to as the MoU), Implementation of the EEA Financial Mechanism
entered into between the Donor States and the 2014-20212021-2028 (hereinafter referred to as
Beneficiary State; the MoU), entered into between the Donor States
and the Beneficiary State;
(c) the programme agreements; and
(c) the programme agreements; and
(d) any guidelines adopted by the FMC after
consultation with the Beneficiary States. (d) any guidelines adopted by the FMC after
consultation with the Beneficiary States.
2. The Beneficiary State shall ensure that any 2. The Beneficiary State shall ensure that any
additional provisions applicable to the implementation additional provisions applicable to the implementation
of the EEA Financial Mechanism 2014-2021 are kept of the EEA Financial Mechanism 2014-20212021-
to a minimum. The legal framework mentioned in 2028 are kept to a minimum. The legal framework
paragraph 1 takes precedence over any such mentioned in paragraph 1 takes precedence over any
provisions. such provisions.
Article 1.6 Article 1.6
Definitions Definitions
For the purposes of this Regulation, the following For the purposes of this Regulation, the following Added definitions on:
terms shall have the meanings assigned to them here: terms shall have the meanings assigned to them here:
Beneficiary State
(a) “Audit Authority”: a national public entity, (a) “Audit Authority”: a national public entity,
Conflict of Interest
functionally independent of the National Focal functionally independent of the National Focal
Point, the Certifying Authority and the Point, the Certifying Authority, and the International Organisation
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Programme Operator, designated by the Programme Operator and the auditees, designated
Beneficiary State and responsible for verifying the identified in the MoUby the Beneficiary State and
effective functioning of the management and responsible for verifying the effective functioning
control system. of the management and control system.
(b) “Certifying Authority”: a national public entity, (b) “Beneficiary State”: An EU Member State to
functionally independent of the Audit Authority which an allocation has been made in Article 6 of
and the Programme Operator, designated by the Protocol 38D to the EEA Agreement.
Beneficiary State to certify financial information.
(c) “Certifying Authority”: a national public entity,
(c) “Donor partnership project”: a project functionally independent of the Audit Authority
implemented in close cooperation with a project and the Programme Operator, designated by the
partner whose primary location is in one of the Beneficiary Stateidentified in the MoU and
Donor States. responsible for certifying to certify financial
information.
(d) “Donor Programme Partner”: a public entity in a
Donor State designated by the FMC advising on (b)(d) “Conflict of Interest”: a situation where a
the preparation and/or implementation of a person or entity involved in the implementation of
programme, and/or participating in the the EEA Financial Mechanism has direct or
implementation of a programme. indirect interests that are or appear to be
incompatible with the impartial and/or objective
(e) ”Donor States”: Iceland, Liechtenstein and
exercise of their function(s). Such interests may be
Norway.
related to economic interests, political or national
(f) “EEA Financial Mechanism Committee” affinities, family or emotional ties, or any other
(hereinafter referred to as the FMC): The shared interests.
committee established by the Standing Committee
(c)(e) “Donor partnership project”: a project
of the EFTA States to manage the EEA Financial
implemented in close cooperation with a project
Mechanism 2014-2021.
partner whose primary location is in one of the
(g) “Evaluation”: a systematic, objective and Donor States.
independent assessment of the design,
(d)(f) “Donor Programme Partner”: a public entity
implementation and/or results achieved in
in a Donor State designated by the FMC advising
programmes and projects with the aim of
on the preparation and/or implementation of a
determining the relevance, coherence and
programme, and/or participating in the
consistency effectiveness, efficiency, impacts and
implementation of a programme.
sustainability of the financial contribution.
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(h) “Financial Mechanism Office” (hereinafter (e)(g) ”Donor States”: Iceland, Liechtenstein and
referred to as the FMO): the office assisting the Norway.
FMC in managing the EEA Financial Mechanism
(f)(h) “EEA Financial Mechanism Committee”
2014-2021. The FMO, which is administratively a
(hereinafter referred to as the FMC): The
part of the European Free Trade Association, is
committee established by the Standing Committee
responsible for the day-to-day implementation of
of the EFTA States to manage the EEA Financial
the EEA Financial Mechanism 2014-2021 on
Mechanism 2014-20212021-2028.
behalf of the FMC and serves as a contact point.
(g)(i) “Evaluation”: a systematic, objective and
(i) “International Partner Organisation” (hereinafter
independent assessment of the design,
referred to as IPO): international organisation or
implementation and/or results achieved in
body or an agency thereof, involved in the
programmes and projects with the aim of
implementation of the EEA Financial Mechanism
determining the relevance, coherence, and
2014-2021, designated by the FMC.
consistency effectiveness, efficiency, impacts
(j) “Irregularities Authority”: a national public entity and/or sustainability of the financial contribution.
designated by the Beneficiary State to be
(j) “Financial Mechanism Office” (hereinafter
responsible for the preparation and submission of
referred to as the FMO): the office assisting the
irregularities reports on behalf of the Beneficiary
FMC in managing the EEA Financial Mechanism
State.
2014-20212021-2028. The FMO, which is
(k) “Joint Committee for Bilateral Funds”: a administratively a part of the European Free Trade
committee established by the Beneficiary State to Association, is responsible for the day-to-day
discuss matters of bilateral interest, decide on the implementation of the EEA Financial Mechanism
use of the fund for bilateral relations and review 2014-20212021-2028 on behalf of the FMC and
progress in the implementation of the EEA serves as a contact point.
Financial Mechanism 2014-2021 towards
(h)(k) “International Organisation": an international
reaching the objective of strengthened bilateral
intergovernmental organisation.
relations.
(i)(l) “International Partner Organisation”
(l) “Monitoring”: the observation of programme and
(hereinafter referred to as IPO): international
project implementation in order to ensure that
organisation or body or an agency thereof,
agreed procedures are followed, to verify progress
involved in the implementation of the EEA
towards agreed outcomes and outputs and to
Financial Mechanism 2014-20212021-2028,
identify potential problems in a timely manner so
designated by the FMC.
as to allow for corrective action.
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(m) “National Focal Point”: a national public entity (j) “Irregularities Authority”: a national public entity
designated by the Beneficiary State to have the designated by the Beneficiary State to
overall responsibility for reaching the objectives beresponsible for the preparation and submission
of the EEA Financial Mechanism 2014-2021 and of irregularities reports on behalf of the
implementing the MoU. Beneficiary State.
(n) “Non-governmental organisation” (hereinafter (k)(m) “Joint Committee for the Bilateral Funds”: a
referred to as NGO): a non-profit voluntary committee established by the Beneficiary State to
organisation established as a legal entity, having a discuss matters of bilateral interest beyond the
non-commercial purpose, independent of local, programmes, decide on the use of the funds for
regional and central government, public entities, bilateral relations at national level and review
political parties and commercial organisations. progress in the implementation of the EEA
Religious institutions and political parties are not Financial Mechanism 2014-20212021-2028
considered NGOs. towards reaching the objective of strengthened
bilateral relations.
(o) “Programme”: a structure setting out a
development strategy with a coherent set of (n) “Monitoring”: the observation of programme and
measures to be carried out through projects with project implementation in order to ensure that
the support of the EEA Financial Mechanism agreed procedures are followed, to verify progress
2014-2021 and aimed at achieving agreed towards agreed outcomes and outputs and to
objectives and outcomes. identify potential problems in a timely manner so
as to allow for corrective action.
(p) “Programme agreement”: an agreement between
the FMC and the National Focal Point regulating (l)(o) “National Focal Point”: a national public
the implementation of a particular programme. entity designated by the Beneficiary
Stateidentified in the MoU, to haveholding the
(q) “Programme grant”: the financial contribution
overall responsibility for reaching the objectives
from the Donor States to a programme.
of the EEA Financial Mechanism 2014-
(r) “Programme Operator”: a public or private entity, 20212021-2028 and implementing the MoU.
commercial or non-commercial, as well as non-
(m)(p) “Non-governmental organisation”
governmental organisations, having the
(hereinafter referred to as NGO): a non-profit
responsibility for preparing and implementing a
voluntary organisation established as a legal
programme.
entity, having a non-commercial purpose,
(s) “Programme partner”: a public or private entity, independent of local, regional and central
commercial or non-commercial, as well as non- government, public entities, political parties and
governmental organisations, international
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organisations or agencies or bodies thereof, commercial organisations. Religious institutions
actively involved in, and effectively contributing and political parties are not considered NGOs.
to, the implementation of a programme.
(n)(q) “Programme”: a structure setting out a
(t) “Project”: an economically indivisible series of development strategy with a coherent set of
works fulfilling a precise technical function and measures to be carried out through projects with
with clearly identifiable aims related to the the support of the EEA Financial Mechanism
programme under which it falls. A project may 2014-20212021-2028 and aimed at achieving
include one or more sub-projects. Without agreed objectives and outcomes.
prejudice to Article 6.5, projects are selected by
(o)(r) “Programme agreement”: an agreement
the Programme Operator.
between the FMC and the National Focal Point
(u) “Project contract”: an agreement between the regulating the implementation of a particular
Programme Operator and the Project Promoter programme.
regulating the implementation of a particular
(p)(s) “Programme grant”: the financial
project.
contribution from the Donor States to a
(v) “Project grant”: a grant awarded by a Programme programme.
Operator to a Project Promoter to implement a
(q)(t) “Programme Operator”: a public or private
project.
entity, commercial or non-commercial, as well as
(w) “Project partner”: a natural or legal person non-governmental organisations, having the
actively involved in, and effectively contributing responsibility for preparing and implementing a
to, the implementation of a project. It shares with programme.
the Project Promoter a common economic or
(r)(u) “Programme partner”: a public or private
social goal which is to be realised through the
entity, commercial or non-commercial, as well as
implementation of that project.
non-governmental organisations, international
(x) “Project Promoter”: a natural or legal person organisations or agencies or bodies thereof,
having the responsibility for initiating, preparing actively involved in, and effectively contributing
and implementing a project. to, the implementation of a programme.
(y) “Social partners”: representatives of employers' (s)(v) “Project”: an economically indivisible series
organisations and trade unions. of works fulfilling a precise technical function and
with clearly identifiable aims related to the
programme under which it falls. A project may
include one or more sub-projects. Without
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prejudice to Article 6.5, projects are selected by
the Programme Operator.
(t)(w) “Project contract”: an agreement between the
Programme Operator and the Project Promoter
regulating the implementation of a particular
project.
(u)(x) “Project grant”: a grant awarded by a
Programme Operator to a Project Promoter to
implement a project.
(v)(y) “Project partner”: a natural or legal person
actively involved in, and effectively contributing
to, the implementation of a project. It shares with
the Project Promoter a common economic or
social goal which is to be realised through the
implementation of that project.
(w)(z) “Project Promoter”: a natural or legal person
having the responsibility for initiating, preparing
and implementing a project.
(x)(aa) “Social partners”: representatives of
employers' organisations and trade unions.
Article 1.7 Article 1.7
Visibility Visibility
The contribution of the EEA Financial Mechanism The contribution of Iceland, Liechtenstein and
2014-2021 to the overall objectives set out in Article Norway through the EEA Financial Mechanism 2014-
1.2 shall be brought to the attention of the general 20212021-2028 to the overall objectives set out in
public of the European Economic Area. All entities Article 1.2 shall be brought to the attention of the
involved in the implementation of the EEA Financial general public of the European Economic Area. All
Mechanism 2014-2021 share responsibility for entities involved in the implementation of the EEA
carrying out information and communication Financial Mechanism 2014-20212021-2028 share
activities, in accordance with the principle of responsibility for carrying out information and
proportionality, to ensure the widest possible communication activities, in accordance with the
dissemination of information, raise awareness and principle of proportionality, to ensure the widest
possible dissemination of information, raise awareness
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strengthen transparency of information about funding and strengthen transparency of information about
opportunities, beneficiaries and achievements. funding opportunities, beneficiaries and
achievements.
Article 1.8 Article 1.8
Financial contribution Financial contribution
1. In accordance with Article 2 of Protocol 38c, the 1. In accordance with Article 2 of Protocol 38c38d, the Text aligned with the Protocol
financial contribution from the EEA Financial financial contribution from the EEA Financial
Mechanism 2014-2021 shall be € 1,548.1 million, to Mechanism 2014-20212021-2028 shall be
be made available for commitment in annual tranches € 1,548.7051 million., An additional € 100 million
of € 221.16 million over the period running from 1 shall be made available for projects related to
May 2014 to 30 April 2021, inclusive. challenges experienced as a result of the invasion of
Ukraine. These contributions shall to be made
available for commitment in annual tranches of
€ 221.16257.86 million over the period running from
1 May 2014 2021 to 30 April 20212028, inclusive.
2. Annual commitment tranches refers to funds that 2. Annual commitment tranches refers to funds that Clarification on how the additional allocation to Ukraine should be dealt
may during its respective year and onwards be made may during its respective year and onwards be made with.
available for projects, management costs, technical available for projects, management costs, technical
assistance, and other costs related to the assistance, and other costs related to the
implementation of the EEA Financial Mechanism implementation of the EEA Financial Mechanism
2014-2021. 2014-20212021-2028. 2. The additional financial
contribution of EUR 100 million made available for
projects related to challenges experienced as a result
of the invasion of Ukraine, as referred to in paragraph
1, shall be divided pro rata over the country specific
allocations for Beneficiary States as referred to in
Article 6 of Protocol 38d and the funds referred to in
Article 2.3 and Article 2.4.
Article 1.9 Article 1.9
Costs of the Donor States Costs of the Donor States
1. The following costs of the Donor States shall be 1. The following costs of the Donor States shall be
covered by the financial contribution: covered by the financial contribution:
(a) the costs of running the FMO; (a) the costs of running the FMO;
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(b) the costs linked to the functions of the FMC; (b) the costs linked to the functions of the FMC;
(c) the costs of audits performed by or on behalf of (c) the costs of audits performed by or on behalf of
the EFTA Board of Auditors; the EFTA Board of Auditors;
(d) the costs related to appraisal, monitoring, (d) the costs related to appraisal, monitoring,
evaluation, reporting, and auditing performed by evaluation, reporting, and auditing performed by
or on behalf of the FMC; or on behalf of the FMC;
(e) costs related to communication activities and (e) costs related to communication activities and
events; events performed by or on behalf of the FMC;
(f) funding for Donor Programme Partners, as (f) funding for Donor Programme Partners, as
referred to in Article 2.2; referred to in Article 2.2;
(g) funding for IPOs, as referred to in Article 2.3; (g) funding for IPOs, as referred to in Article 2.3;
(h) Any other costs decided by the FMC. (h)(g) any other costs decided by the FMC.
2. The costs referred to in paragraph 1 are fixed at 2. The costs referred to in paragraph 1 are fixed at Donor State cost percentage reduced
7.5% of the total amount of the financial contribution. 7.5% of the total amount of the financial contribution.
Article 1.10 Article 1.10
Management costs of the Beneficiary State Management costs of the Beneficiary State
General administrative costs incurred by the General administrative costs incurred by the
Beneficiary State in relation to the implementation of Beneficiary State in relation to the implementation of
the EEA Financial Mechanism 2014-2021 shall not be the EEA Financial Mechanism 2014-20212021-2028
covered by the EEA Financial Mechanism 2014-2021. shall not be covered by the EEA Financial Mechanism
Specific costs which are necessary, clearly 2014-20212021-2028. Specific costs which are
identifiable, and directly and exclusively related to the necessary, clearly identifiable, and directly and
management of the EEA Financial Mechanism 2014- exclusively related to the management of the EEA
2021 can be covered through technical assistance. The Financial Mechanism 2014-20212021-2028 can be
eligibility of such costs is set in Article 8.11. covered through technical assistance. The eligibility of
such costs is set in Article 8.11Chapter 8.
Article 1.11 Article 1.11
Resources for the reserve Resources for the reserve
The Donor States and the Beneficiary States shall in The Donor States and the Beneficiary States shall in Reserve is deleted
the MoU set aside a reserve, consisting of a minimum the MoU set aside a reserve, consisting of a minimum
of 5% of the Beneficiary State’s total allocation. Not of 5% of the Beneficiary State’s total allocation. Not
later than 31 December 2020, the Beneficiary State later than 31 December 2020, the Beneficiary State
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shall submit to the FMC a proposal on the allocation shall submit to the FMC a proposal on the allocation
of the reserve within the framework of the EEA of the reserve within the framework of the EEA
Financial Mechanism 2014-2021, either in the form of Financial Mechanism 2014-20212021-2028, either in
a new programme or as an addition to an existing the form of a new programme or as an addition to an
programme or programmes. The FMC shall decide on existing programme or programmes. The FMC shall
the allocation of the reserve in accordance with Article decide on the allocation of the reserve in accordance
6.3 or paragraph 6 of Article 6.9, as appropriate. The with Article 6.3 or paragraph 6 of Article 6.9, as
Donor States may waive the requirement for a reserve appropriate. The Donor States may waive the
according to this paragraph. requirement for a reserve according to this paragraph.
Article 1.12 Article 1.112
Completion of specific projects selected within Completion of specific projects selected within
the EEA Financial Mechanism 2009-2014 the EEA Financial Mechanism 20092014-
20142021
The Donor States and the Beneficiary States may The Donor States and the Beneficiary States may
agree to set aside a maximum of 10% of the total agree to set aside a maximum of 10% of the total
contribution from the EEA Financial Mechanism contribution from the EEA Financial Mechanism
2014-2021 to fund the completion of specific projects 2014-20212021-2028 to fund the completion of
selected within the framework of the EEA Financial specific projects selected within the framework of the
Mechanism 2009-2014. The total amount of such a EEA Financial Mechanism 20092014-20142021. The
reserve and the projects to be funded from this reserve total amount of such a reserve and the projects to be
shall be confirmed in the MoU. The rules of the EEA funded from this reserve shall be confirmed in the
Financial Mechanism 2009-2014 shall apply to the MoU. The rules of the EEA Financial Mechanism
implementation of such projects and the final date of 20092014-2014 2021 shall apply to the
eligibility shall be no later than 30 April 2017. implementation of such projects and the final date of
eligibility shall be no later than 30 April 20172025.
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Strategic approach
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Chapter 2 Chapter 2
Strategic approach Strategic approach
Article 2.1 Article 2.1
Priority sectors Priority sectorsThematic priorities
1. With the view of achieving the objectives set out in 1. With the view of achieving the objectives set out in Text aligned with the Protocol
Article 1.2, the financial contributions are available in Article 1.2, the financial contributions are available in
the following priority sectors: the following priority sectorsthematic priorities:
(a) Innovation, research, education and (a) Innovation, research, education and
competitiveness; competitivenessEuropean green transition;
(b) Social inclusion, youth employment and poverty (b) Social inclusion, youth employment and poverty
reduction; reductionDemocracy, rule of law and human
rights;
(c) Environment, energy, climate change and low
carbon economy; (c) Environment, energy, climate change and low
carbon economySocial inclusion and resilience.;
(d) Culture, civil society, good governance, and
fundamental rights and freedoms; (d) Culture, civil society, good governance, and
fundamental rights and freedoms;
(e) Justice and home affairs.
Justice and home affairs.
2. In order to ensure efficient and targeted use of the 2. In order to ensure efficient and targeted use of the
financial contribution from the EEA Financial financial contribution from the EEA Financial
Mechanism 2014-2021, its implementation shall be in Mechanism 2014-20212021-2028, its implementation
line with Annex 1. shall be in line with Annex 1.
Article 2.2 Article 2.2
Funding for Donor Programme Partners Funding for Donor Programme Partners
Funding shall be made available for the involvement Funding shall be made available for the involvement
of Donor Programme Partners in the implementation of Donor Programme Partners in the implementation
of the EEA Financial Mechanism 2014-2021. The of the EEA Financial Mechanism 2014-20212021-
FMO shall manage the funding. 2028. The FMO shall manage the funding.
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Article 2.3 Article 2.3
Funding for International Partner Organisations Funding for capacity building and cooperation
with international organisations and
institutionsfor International Partner
Organisations
Funding shall be made available for the involvement The fund for capacity building and cooperation with Text aligned with the Protocol
of IPOs in the implementation of the EEA Financial international organisations and institutions referred to
Mechanism 2014-2021. The FMO shall manage the in Protocol 38d shall be operated by the FMO in
funding. accordance with rules adopted by the FMC.Funding
shall be made available for the involvement of IPOs in
the implementation of the EEA Financial Mechanism
2014-20212021-2028. The FMO shall manage the
funding.
Article 2.4
Fund for Civil Society
The fund for civil society referred to in Protocol 38d Text aligned with the Protocol
shall be operated by the FMO in accordance with rules
adopted by the FMC.
Article 2.4 Article 2.4
Fund for regional cooperation Fund for regional cooperation
The global fund for regional cooperation as referred to The global fund for regional cooperation as referred to Deleted
in Protocol 38c shall be operated by the FMO in in Protocol 38c shall be operated by the FMO in
accordance with rules adopted by the FMC. accordance with rules adopted by the FMC.
Article 2.5 Article 2.5
Memorandum of Understanding Memorandum of Understanding
1. In order to ensure efficient and targeted 1. In order to ensure concentration and to ensure Text aligned with the Protocol
implementation the Donor States shall conclude an efficient and targeted implementation the Donor States
MoU with each Beneficiary State. shall conclude an MoU with each Beneficiary State.
2. The MoU shall establish a framework for 2. The MoU shall establish a framework for
cooperation and contain the following elements: cooperation and contain the following elements:
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 14
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(a) the designation of national entities involved in the (a) the designation of national entities involved in the
implementation of the EEA Financial Mechanism implementation of the EEA Financial Mechanism
2014-2021 and identification of their functions in the 2014-20212021-2028 and identification of their
national management and control structures (Annex A functions in the national management and control
to the MoU). structures (Annex A to the MoU).
(b) an implementation framework (Annex B to the (b) an implementation framework (Annex B to the
MoU) consisting of the following financial and MoU) consisting of the following financial and
substantive parameters: substantive parameters:
(i) a list of agreed programmes, the financial (i) a list of agreed programmes, the financial
contribution from the EEA Financial contribution from the EEA Financial
Mechanism 2014-2021 and from the Mechanism 2014-20212021-2028 and
Beneficiary State; from the Beneficiary State;
(ii) identification of programmes, their (ii) identification of programmes, the Reference to ‘conditions’ added, in line with Protocol. Text reordered to
objective, their main focus, as appropriate, Programme Operators, their objective(s), better align with template structure. Programme Operators should always be
the grant amount and amount of co- their main focus, as appropriate, the grant designated in the MoU. Some language rationalisations.
financing by programme, the bilateral amount and amount of co-financing by
ambitions as well as any specific concerns programme, the bilateral ambitions as well
relating to target groups, geographical areas as any specific concerns relating to target
or other issues; groups, geographical areas or other
(iii) identification of programme operators, as issuesthe implementation of the
appropriate; programmes;
(iv) identification of Donor Programme (iii) conditions and/or specific concerns at
Partners, as appropriate; Beneficiary State level relating to target
(v) identification of IPOs, as appropriate; groups, geographical areas or other issues;
(vi) identification of pre-defined projects to be
included in relevant programmes. (i) identification of programme operators, as
appropriate;
(ii)(iv) identification of Donor Programme
Partners, as appropriate;
(v) identification of IPOs, as appropriate;
(iii)(vi) identification of pre-defined projects to be
included in relevant programmes.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 15
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Strategic approach
Current text New text (with track changes) Comments
3. Annexes A and B may be amended through an 3. Annexes A and B may be amended through an
exchange of letters between the FMC and the National exchange of letters between the FMC and the National
Focal Point. Focal Point.
4. The provisions of the MoU shall be interpreted in a 4. The provisions of the MoU shall be interpreted in a
manner consistent with this Regulation. manner consistent with this Regulation.
5. A template for the MoU is provided in Annex 2. 5. A template for the MoU is provided in Annex 2.
Article 2.6 Article 2.6 The Annual Programme Report and the Strategic Report are merged into
Strategic Report Strategic Country Report one Country Report, to alleviate the burden on Beneficiary State entities
and allow them to organise their internal work more efficiently.
1. The National Focal Point shall submit to the FMC 1. The National Focal Point shall submit to the FMC
an annual strategic report on its implementation of the an annual strategic Country rReport on its
EEA Financial Mechanism2014-2021 and Norwegian implementation of the EEA Financial Mechanism
Financial Mechanism 2014-2021 covering all 2014-20212021-2028 and Norwegian Financial
programmes and bilateral activities implemented in Mechanism 2014-20212021-2028 covering all
the Beneficiary State, except for programmes operated programmes and bilateral activities implemented in
by the FMO, inter-governmental organisations or the Beneficiary State, except for programmes operated
Donor State entities in accordance with Article 6.13. by the FMO, inter-governmental organisations or
The Strategic Report shall form the basis of Donor State entities in accordance with Article 6.13.
discussions at the annual meeting, and shall be subject The Strategic Country Report shall form the basis of
to approval by the FMC. discussions at the annual meeting, and shall be subject
to approval by the FMC.
2. The Strategic Report shall follow the template 2. The Strategic Country Report shall follow the
provided by the FMC and provide an assessment of the template provided by the FMC and provide an
contribution of the EEA Financial Mechanism 2014- assessment of the contribution of the EEA Financial
2021 towards the achievement of the two overall Mechanism 2014-20212021-2028 towards the
objectives as described in Article 1.2, information on achievement of the two overall objectives as described
how common values as referred to in Article 1.3 have in Article 1.2, information on how common values and
been addressed in the programmes, the main trends principles as referred to in Article 1.3 have been
that may have affected the context where the addressed in the programmes, the main trends that may
programmes are implemented, and a summary of the have affectinged the context where the programmes
main risks and mitigating actions taken to address are implemented, a presentation and assessment of the
these risks. main results achieved at programme and country level,
and a summary of the main risks and mitigating
actions taken to address these risks.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 16
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3. The Strategic Report shall be written in English and 3. The reporting period for the Country Report shall be
submitted to the FMC at least two months before the the calendar year. The Strategic Rreport shall be
annual meeting unless otherwise agreed. The FMC written in English and submitted to the FMC at least
may request additional information when the report two months before the annual meeting unless
submitted is incomplete or unclear. The National otherwise agreednot later than the last day of February
Focal Point shall provide the information requested each year. The FMC may request additional
within one month and, where appropriate, revise the information when the report submitted is incomplete
report. or unclear. The National Focal Point shall provide the
information requested within one month and, where
appropriate, revise the report.
4. The final Strategic Report shall be submitted within 4. The fFinal Strategic Country Report shall be
six months of the submission of the last final submitted within six months of the submission of the
programme report but not later than 31 August 2025. last final programme report but not later than 31
August 20252032.
5. The approved Strategic Report shall be published on 5. The approved Strategic Country Report shall be
the website of the National Focal Point within one published on the website of the National Focal Point
month of the approval by the FMC. within one month of the approval by the FMC.
Article 2.7 Article 2.7
Annual meeting Annual meeting
1. An annual meeting shall be held between the FMC 1. An annual meeting shall be held between the FMC
and the National Focal Point. The National Focal Point and the National Focal Point. The National Focal Point
is responsible for organising the meeting and shall, is responsible for organising the meeting and shall,
when appropriate, arrange for site visits. when appropriate, arrange for site visits.
2. By way of derogation from paragraph 1, the FMC 2. By way of derogation from paragraph 1, the FMC
and the National Focal Point may agree not to organise and the National Focal Point may agree not to organise
an annual meeting. an annual meeting.
3. The annual meeting shall allow the FMC and the 3. The annual meeting shall allow the FMC and the Discussion of ‘risks’ introduced into Annual Meeting
National Focal Point to examine progress achieved National Focal Point to examine progress achieved
over the previous reporting periods and agree on any over the previous reporting periods, discuss risks and
necessary measures to be taken. The annual meeting agree on any necessary measures to be taken. The
shall provide a forum for discussion of issues of annual meeting shall provide a forum for discussion of
bilateral interest. issues of bilateral interest.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 17
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4. The timing of the annual meeting shall be agreed by 4. The timing of the annual meeting shall be agreed by
FMC and the National Focal Point at least four months the FMC and the National Focal Point at least four
prior to the meeting. months prior to the meeting.
5. Representatives of the Audit Authority, Certifying 5. Representatives of the Audit Authority, and the
Authority, Programme Operators, programme partners Certifying Authority shall be invited to attend the
and members of the Joint Committee for Bilateral meeting., Programme Operators, programme partners
Funds, may be invited to attend the meeting. and members of the Joint Committee for Bilateral
Funds, may be invited to attend the meetingparticipate
as appropriate.
6. The National Focal Point is responsible for 6. The National Focal Point is responsible for
preparing the draft agenda, which shall reflect the preparing the draft agenda, which shall reflect the
main issues set out in the Strategic Report. The main issues set out in the Strategic Country Report.
agenda’s final version shall be agreed upon between The agenda’s final version shall be agreed upon
the FMC and the National Focal Point at least one between the FMC and the National Focal Point at least
week before the meeting. one week before the meeting.
7. Decisions taken at the annual meeting shall be set 7. Decisions taken at the annual meeting shall be set To simplify and shorten the minutes from the AM.
out in the agreed minutes. The National Focal Point is out in the agreed minutes. The National Focal Point is
.
responsible for the drafting of the minutes from the responsible for the drafting of the minutes, following
meeting, summarising the main points and the action the structure of the agenda from of the meeting. The
points discussed at the meeting and following the minutes shall summarise main messages, the decisions
structure of the agenda. These minutes shall be taken and any agreed follow-up measures.,
decision oriented, follow-up oriented and task summarising the main points and the action points
oriented. discussed at the meeting and following the structure of
the agenda. These minutes shall be decision oriented,
follow-up oriented and task oriented. The National
Focal Point shall share the draft minutes with the FMC
for comments no later than two weeks following the
date of the meeting.
8. The minutes shall be published on the website of the 8. The minutes shall be published on the website of the
National Focal Point within one month of the National Focal Point within one month of the
agreement of the final version of the minutes between agreement of the final version of the minutes between
the FMC and the National Focal Point. the FMC and the National Focal Point.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 18
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Information and Communication
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Chapter 3 Chapter 3
Information and Communication Information and Communication
Article 3.1 Article 3.1
General provisions General provisions
1. Beneficiary States, Programme Operators, Project 1. Beneficiary States, Programme Operators, Project
Promoters and entities acting as partners in the Promoters and entities acting as partners in the
preparation and/or implementation of the EEA preparation and/or implementation of the EEA
Financial Mechanism 2014-2021, shall widely and Financial Mechanism 20142021-20212028, shall
effectively disseminate to the public information on through their information and communication
the EEA Financial Mechanism 2014-2021, its activities widely and effectively disseminate to the The public is not considered a mandatory audience for communication
programmes and projects using tools and public information on the EEA Financial Mechanism about the Grants. Instead, the entities communicating should define their
communication methods at the appropriate level. 20142021-20212028, its programmes and projects audiences in their strategies.
using tools and communication methods at the
appropriate level.
2. Information and communication measures shall be 2. Information and communication measures shall be In order to create a clearer and more coherent set of rules regarding
implemented in accordance with this Regulation and implemented in accordance with this Regulation and communication, the Regulation will no longer have an annex containing
the Information and Communication Requirements in the Information and Communication Requirements in rules on Communication. Most of the content of the current Annex 3 has
Annex 3. Annex 3. been reformulated and moved to this chapter or deleted, while a few
topics, such as technical requirements for websites and social media will
be moved to the Communication and Design Manual referred to in
paragraph 3.
2. Information and communication activities relating This section was previously in Annex 3, under point 1.2 Aims. Some
to the EEA Financial Mechanism 2021-2028 shall aim minor changes have been made to the wording.
to:
(a) increase public awareness and inform
relevant audiences about the contribution and
role played by the Donor States;
(b) ensure transparency and legitimacy of the
contribution from the Donor States;
(c) create a coherent picture of the EEA
Financial Mechanism in the Beneficiary and
Donor States;
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 19
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(d) inform potential and actual beneficiaries and
partners about the EEA Financial
Mechanism; and
(a)(e) communicate the results of the
contribution from the EEA Financial
Mechanism to the Beneficiary States.
3. In addition to the rules contained in this Regulation, Compared to point 5 of Annex 3 of the 14-21 Regulation, this paragraph
the FMC shall provide a Communication and Design clarifies the purpose of the Communication and Design Manual provided
Manual, which shall provide guidance, and contain by the FMC. It should be generally regarded as a guidance document,
rules regarding: except where it formulates obligations regarding the topics listed in this
paragraph.
(a) the design and correct usage of logos;
(b) visual identity;
(c) branding and key messages; and
(d) websites and social media.
All communication and information activities and
physical or digital communication materials relating to
the implementation of the EEA Financial Mechanism
2021-2028 shall comply with these rules.
4. Organisers of information and communication This is a continuation of the rule currently repeated in Annex 3 Points
events in connection with the implementation of the 2.1.3, 2.2.3 and 2.3.3
EEA Financial Mechanism 2021-2028, its
programmes and projects, shall make the contribution
of the Donor States explicit and visible.
Article 3.2 Article 3.2
Responsibilities of the National Focal Point Responsibilities of the National Focal Point
1. The National Focal Point shall provide information 1. The National Focal Point shall provide information The mandatory target groups for communication activities performed by
to the public on the existence in the Beneficiary State to the publicpotential and existing beneficiaries and the NFP have been specified, and the general public has been replaced
of the EEA Financial Mechanism 2014-2021, its partners, as well as relevant audiences and with a reference to relevant audiences and stakeholders. In addition, the
objectives, its implementation and overall impact, as stakeholders, on the existence in the Beneficiary State words used about the different topics that the entities should communicate
well as on cooperation with, inter alia, Donor State of the EEA Financial Mechanism 2014-20212021- about have been streamlined.
entities. This will be provided in accordance with the 2028 and its programmes in the Beneficiary State, its
Information and Communication Requirements in objectives, its implementation and overall impact,
Annex 3. achievements and results, as well as on cooperation
with, inter alia, Donor State entities. This will be
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 20
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Information and Communication
Current text New text (with track changes) Comments
provided in accordance with the Information and
Communication Requirements in Annex 3.
2.The National Focal Point shall as a minimum: 2.The National Focal Point shall as a minimum: The provisions in this paragraph have been expanded and given separate
paragraphs, in order to incorporate the provisions in Annex 3.
(a) draw up and implement a communication strategy (a) draw up and implement a communication strategy
for the EEA Financial Mechanism 2014-2021; for the EEA Financial Mechanism 2014-2021;
(b) organise at least three major information activities (b) organise at least three major information activities
on the implementation of the EEA Financial on the implementation of the EEA Financial
Mechanism 2014-2021; Mechanism 2014-2021;
(c) establish a dedicated website on the EEA and (c) establish a dedicated website on the EEA and
Norwegian Financial Mechanisms 2014-2021 in the Norwegian Financial Mechanisms 2014-2021 in the
language(s) of the Beneficiary State and in English; language(s) of the Beneficiary State and in English;
and and
(d) designate one person to be responsible for (d) designate one person to be responsible for
information and communication who shall coordinate information and communication who shall coordinate
the implementation of the information and the implementation of the information and
communication activities in the Beneficiary State. communication activities in the Beneficiary State.
This person shall support and act as coordinator for the This person shall support and act as coordinator for the
Programme Operators’ information and Programme Operators’ information and
communication activities. communication activities.
2. The National Focal Point shall carry out its This reflects existing rules in Article 3.2.2.a and Annex 3 points 2.1.2 and
information and communication activities in 2.1.3
accordance with the communication strategy
developed in accordance with Article 3.6. The
National Focal Point shall report on the
implementation of the communication strategy and
submit a plan for the activities over the next year in the
Country Report.
3. The National Focal Point shall organise at least two This is a somewhat shortened version of an existing rule in Annex 3 point
major information activities on the progress and 2.1.1. With a view to simplification and streamlining, the number of major
results of the implementation of the EEA Financial information activities that the NFP is required to organise has been
Mechanism 2021-2028, including reduced from 3 to 2.
(a) a major launching event, publicising the
contribution of the Donor States and
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 21
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encouraging cooperation with entities in the
Donor States; and
(a)(b) a major closing event publicising
the achievements and results of the
contribution of the Donor States and
highlighting the bilateral cooperation with
Donor State entities.
4. The National Focal Point shall establish a The obligation to establish a communication network for POs is currently
communication network of Programme Operators to an obligation bestowed on the “designated person” at the NFP in Annex 3
support and coordinate the information and point 2.1.
communication activities of the Programmes. Through
regular meetings with the network, the National Focal
Point shall provide guidance and training to the
Programme Operators. The National Focal Point shall
arrange at least one communication workshop for The obligation to arrange at least one annual communication workshop is
Programme Operators per year. Embassies of the new, intended to facilitate the spread of information and coordination of
Donor States shall be invited to participate in the communication between the NFP, Donor State embassies, and the POs and
network. PPs.
5. The National Focal Point shall name a dedicated This paragraph is a development on the provision in Annex 3 point 2.1.
communications coordinator to coordinate the “Person” has been replaced with “dedicated communications coordinator”,
implementation of information and communication to emphasise the need for continuity in the role.
activities in the Beneficiary States. This person shall:
(a) facilitate the network described in paragraph
4;
(b) participate in a communication network The participation in a network established by the FMO is a new obligation,
established by the FMO with all national intended to facilitate the spread of information and coordination of
communication coordinators; and communication between the FMO and the NFPs, and through the NFPs to
(a)(c) cooperate with the Embassies of the POs and PPs.
Donor States and the Joint Committee for
Bilateral Funds, and coordinate
communication on bilateral cooperation.
6. The National Focal Point shall, within six months of While most of the web requirements will be reflected in the
the date of the last signature of the Memorandum of Communication and Design Manual, some of them have been kept here.
Understanding, establish a dedicated website within Additionally, some requirements are new, such as the six-month deadline
the web environment hosted by the FMC in the and the requirement for a social media presence through dedicated social
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 22
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language(s) of the Beneficiary State and in English. It media channels.
shall by the same deadline establish a social media
presence through a dedicated channel or channels for The requirement to set up the website within the “web environment hosted
the EEA and, where applicable, Norwegian Financial by the FMC” is new. The plan is to establish a multisite system for the
Mechanisms 2021-2028. The website and social media management of all EEA and Norway Grants websites, to increase cost-
presence shall comply with the web requirements efficiency and consistency. The development of the multisite system will
established by the FMC in the Communication and be done in consultation with the NFPs.
Design Manual referred to in Article 3.1.3. The
website shall contain webpages for all the Programmes
in the Beneficiary State. The National Focal Point
shall make sure sufficient resources are allocated to The requirement for the NFPs website to contain pages for all programmes
regularly update the website, including the webpages is new, and is intended to ensure that all information is available in one
for all Programmes, in the language(s) of the place for those seeking information about the grants in the Beneficiary
Beneficiary State and in English. State. Several NFPs do this already, and POs will still be encouraged to
use their websites and/or other channels to spread information about their
programmes and calls.
7. The National Focal Point shall inform the FMC in This reflects the existing rule in Annex 3 point 2.1.3.
advance of any major information activities in order to
provide the FMC the opportunity of participating.
3. The National Focal Point shall ensure that the 83. The National Focal Point shall ensure that the The current paragraphs 3 and 4 have been combined, as they are closely
Programme Operators fulfil their information and Programme Operators fulfil their information and related
communication obligations in accordance with this communication obligations in accordance with this
Regulation and the Information and Communication Regulation and the Information and Communication
Requirements in Annex 3. Requirements in Annex 3., and that all entities
involved in the preparation and/or implementation of
the EEA Financial Mechanism 2021-2028 in the
Beneficiary State, contribute, as appropriate, to the
dissemination of the information referred to in
paragraph 1.
4. The National Focal Point shall ensure that all 4. The National Focal Point shall ensure that all
entities involved in the preparation and/or entities involved in the preparation and/or
implementation of the EEA Financial Mechanism implementation of the EEA Financial Mechanism
2014-2021 in the Beneficiary State, contribute, as 2014-2021 in the Beneficiary State, contribute, as
appropriate, to the dissemination of the information appropriate, to the dissemination of the information
referred to in paragraph 1. referred to in paragraph 1.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 23
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Current text New text (with track changes) Comments
Article 3.3 Article 3.3
Responsibilities of the Programme Operator Responsibilities of the Programme Operator
1. The Programme Operator shall comply with the 1. The Programme Operator shall comply with the The general public has been replaced with a reference to relevant
Information and Communication Requirements in Information and Communication Requirements in audiences and stakeholders. In addition, the words used about the different
Annex 3. It shall provide information to the public on Annex 3. It shall provide information to the topics that the entities should communicate about have been streamlined.
the existence, the objectives, the implementation and publicpotential beneficiaries and partners as well as
achievements of the programme, as well as on the other relevant audiences and stakeholders on the
cooperation with, inter alia, Donor State entities. existence, the objectives, the implementation, and
achievements and results of the programme, as well as
on the cooperation with, inter alia, Donor State
entities.
2. The Programme Operator shall as a minimum: 2. The Programme Operator shall as a minimum: The provisions in this paragraph have been expanded and given separate
paragraphs, in order to incorporate the provisions in Annex 3.
(a) draw up and implement a communication plan for (a) draw up and implement a communication plan for
the programme; the programme;
(b) organise at least two major information activities (b) organise at least two major information activities
on progress in the programme and its projects; and on progress in the programme and its projects; and
(c) establish a dedicated website or webpage in the (c) establish a dedicated website or webpage in the
programme in the language(s) of the Beneficiary State programme in the language(s) of the Beneficiary State
and in English. and in English.
2. The Programme Operator shall carry out its This reflects existing rules in Article 3.3.2.a and Annex 3 points 2.2.2 and
information and communication activities in 2.2.3
accordance with a communication strategy developed
The deadline to submit the communication strategy has been pushed back
alongside the Programme Agreement and submitted
compared to the previous rule (submitted at the same time as the draft
within two months of the signature of the Programme
Programme Agreement), allowing for more time to finalise. However, it is
Agreement or before the launch of the first call,
important that communication planning is linked to the development of the
whichever is earlier. The Programme Operator shall
programme.
annually report on the implementation of the
communication strategy and submit a plan for the The requirement to report annually on communication activities is a
activities over the next year. continuation of the requirement to report on communication activities in
the Annual Programme Report. Because there will no longer be an Annual
Programme Report, the modality for the reporting has been removed.
Additionally, the requirement for a plan for the activities over the next
year is new, intended to give a better overview of communication
activities to be carried out over the next year.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 24
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Current text New text (with track changes) Comments
3. The Programme Operator shall organise at least two This is a somewhat shortened version of an existing rule in Annex 3 point
major information activities on the progress, results 2.2.2
and achievements of the programme and the
With a view tolessening the workload of Programme Operators the
contribution of the Donor States. Where appropriate,
information activities of the PO can be combined with the information
this can be combined with the information activities of
activities of the NFP (e.g. opening and/or closing events) where
the National Focal Point described in Article 3.2.3
appropriate.
4. The Programme Operator shall name a dedicated The participation by a dedicated person in a network established by the
person to take part in the communication network NFP is a new obligation, intended to facilitate the spread of information
organised by the National Focal Point as described in and coordination of communication from the FMO through the NFPs to
Article 3.2.4. POs and PPs.
5. The Programme Operator shall inform the FMC, This is a slightly simplified version of the existing rule in Annex 3 point
NFP and Embassies of the Donor States in advance of 2.2.3.
any major information activities to allow for their
participation.
6. The Programme Operator shall include information Most of the web requirements concerning the PO have been removed, as
about the EEA Financial Mechanism 2021-2028 and the NFP will be required to include all relevant programme information on
the programme on its own website. The Programme the national website. However, this requires participation and cooperation
Operator shall ensure that the National Focal Point has from the POs, and the obligation to provide the NFP with the necessary
all information required for the National Focal Point information has therefore been added.
to fulfil the web requirements in Article 3.2.6.
7. The Programme Operator shall ensure that photo This rule is new, and is intended to emphasise that collecting high quality
and video material from a selection of projects is photo and video material from key projects is important to the
uploaded to the media library provided by the FMC. communication work done on all levels. Further guidance will be provided
Guidance regarding the projects and material to select in the Communication Manual
will be given in the Communication and Design
Manual referred to in Article 3.1.3.
3. The Programme Operator shall ensure that the 83. The Programme Operator shall ensure that the
Project Promoters and their partners fulfil their Project Promoters and their partners fulfil their
information and communication obligations in information and communication obligations in
accordance with this Regulation and provide them
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 25
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Information and Communication
Current text New text (with track changes) Comments
accordance with this Regulation and the Information with training and support in order to enable them to
and Communication Requirements in Annex 3. meet their communication objectives. and the
Information and Communication Requirements in
Annex 3.
Article 3.4
Responsibilities of the Project Promoter and
project partners
1. The Project Promoter and project partners shall This is a slight modification of the rules in Annex 3 point 2.3.1. Project
provide information to relevant audiences and partners have been included in the rule, “the widest possible audience” has
stakeholders on the existence of the project they are been replaced with “relevant audiences and stakeholders”, and the words
implementing, its objectives, achievements and used about the different topics that the entities should communicate about
results, as well as the support from the EEA Financial have been streamlined.
Mechanism 2021-2028 and any bilateral cooperation
with entities from the Donor States. They shall ensure This is a reflection of the current rule in Annex 3 point 2.3.3.
that those taking part in the project have been informed
of the funding from the relevant programme and the
Donor States.
2. A Project Promoter implementing a pre-defined This is a development on existing rules in Annex 3 points 2.3.2 and 2.3.3.
project or a project with a total project budget larger The threshold for requiring a communication strategy only for PDPs and
than € 500,000 shall carry out its information and projects over € 500K is new, and intends to lessen the burden on small
communication activities in accordance with a projects.
communication strategy submitted prior to signature
of the project contract. The implementation of the
communication strategy shall be reported on to the
Programme Operator.
3. A Project Promoter implementing a pre-defined This is a significant easing of the rule in Annex 3 point 2.3.2, which
project or a project with a total project budget larger currently requires two information activities from all PPs, but 3 where the
than € 1,000,000 shall organise at least one grant size is larger than € 500,000.
information activity on progress, achievements and/or
results in the project.
4. A Project Promoter with a total project budget larger This is a reflection of the current rule in Annex 3 point 2.3.3. The
than € 100,000 and whose project finances a physical threshold has been increased from € 50,000 to correspond with the
object, infrastructure or construction, shall put up a threshold under the ESF. The calculation method (total project budget vs.
billboard at the site of each such operation during the
implementation of the project. Such billboards shall
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 26
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comply with the requirements set out in the total public contribution) has also been updated to match the provision in
Communication and Design Manual provided by the the CPR.
FMC referred to in Article 3.1.3.
5. The Project Promoter shall replace the billboard This is a reflection of the current rule in Annex 3 point 2.3.3. with a
mentioned in point 4 with a permanent somewhat simplified wording. Requirements regarding size and visibility
commemorative plaque in line with the designs and will be laid out in the design manual.
other requirements provided in the Communication
and Design Manual not later than six months after the
completion of the project.
6. The Project Promoter shall make information about
the project available on the web and/or on social
media, in accordance with the web requirements
contained in the Communication and Design Manual
referred to in Article 3.1.3.
7. Donor project partners shall provide information on This is a slight modification of the current rule in Annex 3 point 3.2. The
their involvement and the results of the project to general public has been replaced with relevant audiences and stakeholders
relevant audiences and stakeholders in the Donor in the Donor States.
State. Information about the project shall be available
on the website and/or the social media channels of the
Partner.
Article 3.5 This Article is new, and is intended to give an overview of the content of
Content of the communication strategies the templates for communication strategies that the FMO will develop..
The communication strategies prepared by the
National Focal Point in accordance with Article 3.2.2,
the Programme Operator in accordance with Article
3.3.2 and Project Promoters in accordance with Article
3.4.2, shall be based on templates provided by the
FMC, and shall contain
(a) a description of the objectives of the
communication;
(b) the intended target groups;
(c) the key messages to be conveyed in the
communication;
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 27
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Information and Communication
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(d) channels for communication, including how The requirement for all entities to describe their use of social media is
the entity will make use of social media; new, and reflects the increasing importance of social media to
(e) the communication activities to be carried communication.
out, including a description of the required
information activities in accordance with
Articles 3.2.3, 3.3.3 or 3.3.3 where
applicable;
(a)(f) a timeframe and budget for the
implementation of the communication
strategy;
(g) an indication of how the information and
communication measures are to be measured
and assessed, including the relevant key
performance indicators; and
(b)(h) information on the administrative
departments or bodies responsible for
implementation of the information and
communication measures, including a
contact person, which for the National Focal
Point and the Programme Operator shall be
the communications coordinator as described
Articles 3.2.4 and 3.3.4.
Article 3.6 This is a continuation of the current rule in Annex 3 point 2.1.2, with a few
Development and Review of the communication changes as described under.
strategy of the National Focal Point
1. The National Focal Point shall base the In the current period, NFPs were required to perform a SWOT analysis,
development of its communication strategy on target and Beneficiary States receiving more than € 100M were required to
group analysis established through a baseline study. consider performing a baseline study. This was considered insufficient in
the mid-term review of communications, which criticized the lack of
requirements regarding target group analyses for the communication
strategies of the NFPs. This rule aims to follow up on that
recommendation.
2. The National Focal Point shall submit the
communication strategy to the FMC within six months
of the date of last signature of the Memorandum of
Understanding.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 28
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3. In the absence of comments made by the FMC
within two months of the receipt of the communication
strategy, the strategy shall be deemed to be accepted.
Comments regarding the communication strategy
shall be addressed by The National Focal Point in the
form of a revised communication strategy sent to the
FMC within one month.
4. In the absence of further comments by the FMC
within one month of submission of a revised
communication strategy, the strategy shall be deemed
to be accepted
5. The need to amend the communication strategy
shall be assessed as new programmes are approved
and in the Strategic Report. The amended
communication strategy shall be submitted to the FMC
for comments.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 29
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Bilateral relations
Current text New text (with track changes) Comments
Chapter 4 Chapter 4
Bilateral relations Bilateral relations
Article 4.1 Article 4.1
General principles General principles
1. In order to contribute to the overall objective of 1. In order to contribute to the overall objective of The three paragraphs of Article 4.1. are merged into one, which refers to the
strengthening the relations between the Donor States strengthening the relations between the Donor States three main forms of collaboration in partnership: donor partnership
and the Beneficiary States, the preparation and and the Beneficiary States, the preparation and programmes, donor partnership projects and bilateral initiatives.
implementation of the EEA Financial Mechanism implementation of the EEA Financial Mechanism
The three forms are explained in more detail in the articles below. An article
2014-2021 shall, where appropriate, be carried out in 2014-20212021-2028 shall, where appropriate, be
with a description/definition of what is a “bilateral initiative” is added
partnership. carried out in partnership. Partnership may, inter alia,
(Article 4.5).
take the form of donor partnership programmes, donor
partnership projects and/or bilateral initiatives. “inter alia” reflects that these types of partnerships are the main ones, but
that they are not exhaustive (for example, activities strengthening bilateral
relations funded by programme management costs or TA which are done in
partnership between donor and beneficiary state entities).
2. Partnership may, inter alia, take the form of donor 2. Partnership may, inter alia, take the form of donor
partnership programmes and/or donor partnership partnership programmes and/or donor partnership
projects. projects.
3. The relations between the Donor States and the 3. The relations between the Donor States and the
Beneficiary States shall also be strengthened through Beneficiary States shall also be strengthened through
the implementation of activities aiming at increased the implementation of activities aiming at increased
strategic cooperation, networking and exchange of strategic cooperation, networking and exchange of
knowledge between entities in the Donor States and in knowledge between entities in the Donor States and in
the Beneficiary States, and through other joint the Beneficiary States, and through other joint
initiatives beyond the programmes aiming at initiatives beyond the programmes aiming at
strengthening the relations between the Donor States strengthening the relations between the Donor States
and the Beneficiary States. and the Beneficiary States.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 30
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Article 4.2 Article 4.2 The Article on the JCBF is moved to Article 4.9.
Joint Committee for Bilateral Funds Joint Committee for Bilateral Funds
1. The National Focal Point shall establish a Joint 1. The National Focal Point shall establish a Joint
Committee for Bilateral Funds as soon as possible Committee for Bilateral Funds as soon as possible
after the signature of the MoU. Its tasks shall, inter after the signature of the MoU. Its tasks shall, inter
alia, include: alia, include:
(a) discussing matters of bilateral interests, (a) discussing matters of bilateral interests,
identifying initiatives and reviewing the overall identifying bilateral initiatives and reviewing the
progress towards reaching the objective of overall progress towards reaching the objective of
strengthened bilateral relations; strengthened bilateral relations;
(b) adopting the Work Plan for the fund for bilateral (b) adopting the Work Plan for the fund for bilateral
relations to be discussed at the annual meeting; relations to be discussed at the annual meeting;
and and
(c) identifying and allocating bilateral funds to identifying and allocating bilateral funds to
programmes of bilateral interest. programmes of bilateral interest.
2. Any comments to the Work Plan made at the annual 2. Any comments to the Work Plan made at the annual
meeting shall be taken into account by the Joint meeting shall be taken into account by the Joint
Committee for Bilateral Funds. Committee for Bilateral Funds.
3. The Joint Committee for Bilateral Funds shall be 3. The Joint Committee for Bilateral Funds shall be
chaired by the National Focal Point and composed of chaired by the National Focal Point and composed of
representatives from the Donor States and from the representatives from the Donor States and from the
Beneficiary States, including the respective ministry Beneficiary States, including the respective ministry
of foreign affairs. of foreign affairs.
4. The Joint Committee for Bilateral Funds shall meet 4. The Joint Committee for Bilateral Funds shall meet
at least once a year, prior to the annual meeting. at least once a year, prior to the annual meeting.
5. The composition, role and functioning of the Joint 5. The composition, role and functioning of the Joint
Committee for Bilateral Funds shall be further defined Committee for Bilateral Funds shall be further defined
in the Bilateral Fund Agreement between the FMC and in the Bilateral Fund Agreement between the FMC and
the National Focal Point. The Bilateral Fund the National Focal Point. The Bilateral Fund
Agreement template is provided in Annex 4. Agreement template is provided in Annex 4.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 31
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6. The National Focal Point shall, within two months 6. The National Focal Point shall, within two months
of the last signature of the MoU , submit to the FMC a of the last signature of the MoU , submit to the FMC a
proposal on the composition, role and functioning of proposal on the composition, role and functioning of
the Joint Committee for Bilateral Funds. If the the Joint Committee for Bilateral Funds. If the
Beneficiary State receives support under both the EEA Beneficiary State receives support under both the EEA
and the Norwegian Financial Mechanisms, the two and the Norwegian Financial Mechanisms, the two
months shall count from the date of the last signature months shall count from the date of the last signature
of whichever of the two MoUs is signed last. of whichever of the two MoUs is signed last.
Article 4.3 Article 4.2
Donor partnership programmes Donor partnership programmes
1. The purpose of donor partnership programmes is to 1. The purpose of donor partnership programmes is to
facilitate networking, exchange, sharing and transfer facilitate networking, exchange, sharing and transfer
of knowledge, technology, experience and good of knowledge, technology, experience and bestgood
practices between public entities in the Donor States practices between public entities in the Donor States
and the Beneficiary States. and the Beneficiary States at programme level.
2. The Donor States shall through the MoU designate 2. The Donor States shall through the MoU designate ”shall” has been replaced by “may” in order to make it clear that there is not
one or more Donor Programme Partners for each oOne or more Donor Programme Partners for each a requirement to have a DPP in all programmes. The text is further adapted
programme identified according to paragraph 2(b)(iv) programme may be identified in the Memorandum of to reflect that appointing the DPPs happens in agreement between Donor
of Article 2.5. Donor Programme Partners can also be Understanding for each programme according to States and Beneficiary States.
agreed upon by the FMC and the National Focal Point paragraph 2(b)(iv) of Article 2.5. Donor Programme
through an exchange of letters. Partners can also be agreed upon by the FMC and the
National Focal Point through an exchange of letters.
3. The Donor Programme Partner(s) shall be invited to 3. The Donor Programme Partner shall act as expert The purpose is to clarify and strengthen the role of the DPPs and to split the
advise on the preparation and implementation of the advisor to the Programme and facilitator of bilateral DPP tasks between (1) the programme development stage and (2) the
donor partnership programme. cooperation. The Donor Programme Partner shall be programme implementation stage.
invited to advise on advise on and contribute to the
Ideally, all DPP tasks would be listed in one article, to have a clear overview
preparation and implementation of the donor
of the DPP tasks. However, while some of these tasks are performed in the
partnership Pprogramme.
scope of the Cooperation Committee, and other tasks are not (e.g. tasks
The tasks of the Donor Programme Partner in the related to the programme development), they are referred to in different
preparation of the programme include, inter alia: articles.
(a) contributing to the preparation of the Concept In view of clarifying and strengthening the DPP role, “shall be invited to
Note and the Programme Agreement; and advise” is replaced by “shall advise and contribute to”. This should reflect
(b) advising on stakeholder consultations, where a more active DPP involvement with regard to some of the tasks (i.e., the
applicable.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 32
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The tasks of the Donor Programme Partner in the preparation of the Concept Note and the decisions on the bilateral funds in
implementation of the Programme include, inter alia, the programme).
those that are listed in Article 4.3.3 and, where
applicable, those that are listed in Articles 7.6.4 and
7.7.2.
Article 4.4 Article 4.3
Cooperation Committee Cooperation Committee
1. The Programme Operator of a donor partnership 1. The Programme Operator of a donor partnership The reference to the FMC has been replaced by a reference to the Donor
programme or a programme implemented in programme or a programme implemented in States, to include the DS embassies.
partnership with an IPO, shall establish a Cooperation partnership with an International Partner Organisation,
The deleted part in this paragraph is reflected in paragraph 3.
Committee consisting of representatives from the shall establish a Cooperation Committee consisting of
Programme Operator and representatives from the representatives from the Programme Operator and It is also proposed to add “and/or any other programme partner” in the
Donor Programme Partner(s) and/or the IPO(s), as representatives from the Donor Programme Partner(s), provision on the composition of the Cooperation Committee, to reflect that
applicable. The Cooperation Committee shall be and/or the International Partner Organisation(s) and/or in cases where the NFP acts as the PO for the programme, the line
established as soon as possible after the designation of any other programme partner, as applicable. The ministry/entity responsible for the relevant policy area shall also be included
the Programme Operator and shall provide advice on Cooperation Committee shall be established as soon as in the CC.
the preparation and implementation of the programme. possible after the designation of the Programme
The Cooperation Committees shall be chaired by a Operator and shall provide advice on the preparation
representative of the Programme Operator. and implementation of the programme. The
Representatives of the FMC and the National Focal Cooperation Committees shall be chaired by a
Point shall be invited to participate as observers. representative of the Programme Operator.
Representatives of the FMC,Donor States, and the
National Focal Point and the FMO shall be invited to
participate as observers.
2. All documents presented to and produced by the 2. All documents presented to and produced by the
Cooperation Committee shall be in English. The Cooperation Committee shall be in English. The
Committee meetings shall be conducted in English. Committee meetings shall be conducted in English.
3. The tasks of the Cooperation Committee include: 3. The tasks of the Cooperation Committee include: Points (a) and (b) are related to the programme development and are,
therefore, moved to Article 4.2.3. It is proposed that the CC should not be
(a) advising on stakeholder consultations; (b) advising on stakeholder consultations;
involved in the programme development stage.
(b) advising on the preparation of the concept note; (c) advising on the preparation of the concept note; The list of CC tasks has been split in two sections. While the first list of
(c) advising on bilateral activities and possible project (a) advising on selection criteria and the texts for tasks requires the participation of both DPPs and IPOs, where applicable,
the second list of tasks is only applicable to DPPs (tasks which they perform
partners in the Donor States, as appropriate; call(s) for proposals;
in the scope of the CC). Hereby, IPOs are excluded from participation in the
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 33
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(d) advising on selection criteria and the texts for advising on bilateral activities and possible decision-making on the use of the bilateral funds or from advising on donor
call(s) for proposals; project partners in the Donor States, as project partners in the programmes where they are involved.
appropriate; New point (h) Reflects the stronger role for the DPPs in relation to the use
(e) reviewing progress made towards achieving the
of bilateral funds in the programme.
outputs, outcome(s) and objective of the (b) reviewing progress made towards achieving
programme; the outputs, outcome(s) and objective of the
programme;
(f) reviewing progress made towards strengthening
bilateral relations, as appropriate; reviewing progress made towards
strengthening bilateral relations, as
(g) examining the results of the implementation of the
appropriate;
programme;
(c) examining the results of the implementation
(h) reviewing the draft annual programme reports;
of the programme;
(i) advising the Programme Operator of any
(d) reviewing the draft annual programme
modification of the programme affecting the
reportsdraft Final Programme Report; and
achievement of the programme’s expected
outcome(s) and objective; and (e) advising the Programme Operator onf any
modification of the Pprogramme affecting
(j) advising on the use of the funds for bilateral
the achievement of the Pprogramme’s
relations, where relevant.
expected outcome(s) and objective.; and
Further tasks for Donor Programme Partners include:
(f) advising on bilateral activities and possible
project partners in the Donor States, as
appropriate;
(g) reviewing progress made towards
strengthening bilateral relations, as
appropriate; and
(h) deciding in consensus with the Programme
Operator advising on the use of the funds for
bilateral relations in the Programme, where
relevant.
4. The Cooperation Committee shall keep minutes of 4. The Cooperation Committee shall keep minutes of
its meetings in English. its meetings in English.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 34
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Article 4.5 Article 4.4
Donor partnership projects Donor partnership projects
Projects may be prepared and implemented in Projects may be prepared and implemented in
cooperation with one or more legal entity in the Donor cooperation with one or more legal entity entities in
States. With reference to the objectives of the EEA the Donor States. With reference to the objectives of
Financial Mechanism 2014-2021 related to bilateral the EEA Financial Mechanism 2014-20212021-2028
relations, the Programme Operator shall encourage related to bilateral relations, the Programme Operator
and facilitate the establishment of such partnerships. shall encourage and facilitate the establishment of
such partnerships.
Article 4.5
Bilateral initiatives
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 35
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1. Bilateral initiatives are activities falling within the This Article is added to reflect the third form of collaboration in
following categories, which are implemented in partnership, i.e., bilateral initiatives and to replace the current Article
partnership between entities from Donor States and 4.1.3.
Beneficiary States and funded by the bilateral funds,
The reference to the type of activities that can be funded by the funds for
either at programme level or at national level:
bilateral relations is moved from Article 8.8 on the eligibility of
a) activities aiming at strengthening bilateral relations expenditures under the bilateral funds to Article 4.5, which defines
between the Donor States and the Beneficiary States; bilateral initiatives. The purpose is to have a broad definition, in line with
the approach that the “bilateral funds” are a flexible tool that covers a wide
(a) the search for partners for donor partnership
spectrum of activities within the Grants setup.
projects prior to or during the preparation of
a project application, the development of Activities aiming at strengthening bilateral relations can be considered as a
such partnerships and the preparation of an generic term. Therefore, the categories of activities mentioned in points
application for a donor partnership project; (b), (c) and (d) can be seen as specific types of activities aiming at
(b) networking, exchange, sharing and transfer strengthening bilateral relations. Therefore, it seems more appropriate to
of knowledge, technology, experience and put the catch-all category at the end of the list.
best practice between entities in Beneficiary
States and entities in the Donor States and/or In 1.(b) is added: “provided at least one entity within the Donor States is
international organisations, provided at least involved in the activity” to match with point 1.(c).
one entity within the Donor States is involved
in the activity;
(c) activities aiming at strengthening
cooperation and exchanging experiences and
best practices between the Programme
Operators and similar entities within the
Beneficiary States and Donor States, as well
as international organisations, provided at
least one entity within the Donor States is
involved in the activity;.and
(a)(d) any other activity aiming at
strengthening bilateral relations between the
Donor States and the Beneficiary States.
2. Beneficiary State entities and Donor State entities This provision has been added for clarification.
are eligible as promoters of bilateral initiatives.
Article 4.6 Article 4.6 Funds is put in plural, as with the proposed setup, the bilateral funds are no
Fund for bilateral relations Funds for bilateral relations longer in one single fund.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 36
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1. The Beneficiary State shall set aside a minimum of 1. The Beneficiary State shall set aside between 2 and The Regulation shall provide that the size of the bilateral funds shall be
2% of the Beneficiary State’s total allocation for a 5% of the Beneficiary State’s total allocation for funds within a range of 2-5% of the BS total allocation. The exact share/amount
fund to strengthen bilateral relations between the to strengthen bilateral relations between the Donor shall be defined in the MoU.
Donor States and the Beneficiary States. The amount States and the Beneficiary States. The amount shall be
It is proposed to have a clear split between bilateral funds at national level
shall be fixed in the MoU. The eligibility of agreedfixed in the MoU and shall be split between a
and bilateral funds at programme level, similar to the FM 09-14 setup.
expenditures to be covered by the fund under this part for use at national level and a part for use at
paragraph is detailed in Article 8.8. programme level. The part for use at programme level For bilateral funds at programme level, the BF shall be part of the
shall be divided between the Programmes in each programme budget and shall be linked to a separate bilateral outcome in the
Beneficiary State during the negotiations on the results framework, similar to what is currently the case for ACF
Memorandum of Understanding and identified in the programmes under the FM 14-21.
Programme Agreement.
This setup provides, inter alia, the following advantages:
The eligibility of expenditures to be covered by the
- A different eligibility period between BF at national/ programme
fund under this paragraph is detailed in Article 8.8.
level can be defined.
- Clear reporting lines and obligations (PO in the Final Programme
Report on BF at programme level and the NFP in the Country
Report on BF at national level).
- Clear ownership over each part (national level: NFP/JCBF and
programme level: PO/PO+DPPs)
Further implications:
- BFA – Work Plan will be limited to cover the BF at national level
only.
- NFP/JCBF have no longer the responsibility for BF at programme
level.
- No longer Expressions of Interest (current art. 4.7) – the possibility
to make BF at national level available for programmes would mix-
up the reporting and ownership. Shifts between national and
programme level BF are, however, still possible but only through
MoU modification. Moreover, nothing prevents stakeholders in
programmes from applying for BF at national level.
- The BF allocation for each programme would be informally agreed
at the MoU stage but formally set in the PA.
- This provides the advantage that reallocations of BF between the
programmes can be done by way of PA modification (and without
MoU modification, which always requires Donor approval))
- Bilateral ambitions can be defined in the Concept Note, as it is
known how much BF are available to each programme.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 37
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2. The rules on eligibility of expenditures set out in The content of Article 8.8.1 has been transferred to Chapter 4 (Article 4.6).
Chapter 8 apply mutatis mutandis to the funds for The rules in Chapter 8 already apply to the bilateral funds to such an extent
bilateral relations. that referring to the chapter as a whole is appropriate.
3. There shall be no co-financing requirements for the This will, however, affect the calculation of the national co-financing at
use of the funds for bilateral relations. programme level (if co-financing rate is 15%, the percentage should be
calculated on the total grant amount minus the part for BF).
2. The National Focal Point shall be responsible for the 2. The National Focal Point shall be responsible for the This article is deleted and the eligibility period is addressed further down in
use of the funds mentioned in paragraph 1 and report use of the funds mentioned in paragraph 1 and report the text as the proposal is to have a different final date of eligibility between
on the use of them in the Strategic Report. The first on the use of them in the Strategic Report. The first BF at national level and BF at programme level.
date of eligibility for support under this article shall be date of eligibility for support under this article shall be
the date of the last signature of the MoU with the the date of the last signature of the MoU with the
respective Beneficiary State. If support under this respective Beneficiary State. If support under this
Article is received under both the EEA and the Article is received under both the EEA and the
Norwegian Financial Mechanisms, the first date of Norwegian Financial Mechanisms, the first date of
eligibility shall be the date of the last signature of eligibility shall be the date of the last signature of
whichever MoU is signed first. The final date of whichever MoU is signed first. The final date of
eligibility for support under this Article shall be 30 eligibility for support under this Article shall be 30
April 2025. April 2025.
3. Payments of the funds for bilateral relations shall 43. Payments of the funds for bilateral relations at This paragraph provides the possibility for advance payments (upon BFA
take the form of an advance payment, interim national level shall take the form of an advance signature) and extraordinary advance payments (before BFA signature) for
payments and payment of the final balance and shall payment, interim payments and payment of the final BF at national level.
be made in accordance with Articles 9.2, 9.3 and 9.4. balance and shall be made in accordance with Articles
The advance payment shall be made upon signature of 9.2, 9.3 and 9.4. The advance payment shall be made
the Bilateral Fund Agreement. In exceptional cases, upon signature of the Bilateral Fund Agreement. In
extraordinary advance payments may be made prior to exceptional cases, extraordinary advance payments
the signing of the Bilateral Fund Agreement. may be made prior to the signing of the Bilateral Fund
Agreement.
4. For the purpose of covering the costs of the 54. Payments of the funds for bilateral relations at This paragraph provides the possibility for advance payments for BF at
activities referred to in Article 8.8 during the programme level shall take the form of an advance programme level, specifically aimed at covering expenses during the
development of programmes, the FMC can make an payment, interim payments and payment of the final programme development stage.
advance payment directly to the Programme Operators balance and shall be made in accordance with Articles
The combination of paragraphs 3 and 4 should assure the early availability
not exceeding € 50,000. Such payment shall be made 9.2, 9.3 and 9.4. For the purpose of covering the costs
of bilateral funds, at both levels, in the new FM.
in agreement with the National Focal Point, following of the activities referred to in Article 4.58.8 during the
the designation of the Programme Operator. development of programmes, the FMC can make an There seems to be no need to have a maximum amount for advance
advance payment directly to the Programme Operators payments for BF at programme level in the programme development stage.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 38
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not exceeding € 50,000. Such payment shall be made
in agreement with the National Focal Point, following
the designation of the Programme Operator.
5. In exceptional cases, the FMC may in agreement 65. In exceptional cases, the FMC may in agreement
with the National Focal Point decide to make with the National Focal Point decide to make
payments from the fund for bilateral relations directly payments from the funds for bilateral relations directly
to a final recipient. The National Focal Point shall be to a final recipient. The National Focal Point shall be
promptly informed when such payments have been promptly informed when such payments have been
made. Payments by the FMC in accordance with this made. Payments by the FMC in accordance with this
paragraph do not affect the responsibilities of the paragraph do not affect the responsibilities of the
Beneficiary State for the management and reporting on Beneficiary State for the management and reporting on
the funds for bilateral relations. the funds for bilateral relations.
Article 4.7
Funds for bilateral relations at national level
1. The National Focal Point shall be responsible for the
management and use of the funds for bilateral relations
at national level, in accordance with Article 4.9, and
report on their use in the Annual and Final Country
Report.
2 The first date of eligibility for support under this
Aarticle shall be the date of the last signature of the
Memorandum of Understanding with the respective
Beneficiary State. If support under this Article is
received under both the EEA and the Norwegian
Financial Mechanisms, the first date of eligibility shall
be the date of the last signature of whichever
Memorandum of Understanding is signed first. The
final date of eligibility for support under this Article
shall be 30 April 2032.
Article 4.8
Bilateral Fund Agreement
1. As soon as possible after the signature of the It is considered appropriate to introduce a specific article on the Bilateral
Memorandum of Understanding, the FMC and the Fund Agreement and to describe what that agreement covers.
National Focal Point shall conclude an agreement on
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 39
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the funds for bilateral relations at national level: the As a result of the proposed split of the BF between national and programme
Bilateral Fund Agreement. level, the BFA will only be about the BF at national level.
2. For Beneficiary States benefitting from both the
EEA and the Norwegian Financial Mechanisms, the
Bilateral Fund Agreement shall cover both
mechanisms. The Bilateral Fund Agreement template
is provided in Annex 3.
3. The Bilateral Fund Agreement shall define, inter
alia:
(a) the size and objective of the funds;
(b) the role, functioning and composition of the
Joint Committee for the Bilateral Fund; and
(c) the procedures and requirements for the
Work Plan.
Article 4.9
Joint Committee for the Bilateral Fund
1. The National Focal Point shall establish a Joint The current setup makes a clear distinction between Bilateral funds at
Committee for the Bilateral Funds as soon as possible national level and Bilateral funds at programme level. Hence, the possibility
after the signature of the Memorandum of for allocating additional funding from BF at national level to programmes
Understanding. Its tasks shall, inter alia, include: is no longer considered necessary/desirable.
(a) discussing matters of bilateral interests At the same time, it is considered desirable to expressly reflect in the
beyond the programmes, identifying bilateral Regulation that the JCBF is responsible for taking decisions on the use of
initiatives at national level and reviewing the the BF at national level. Hence, it is proposed to have this in point (c).
overall progress towards reaching the
objective of strengthened bilateral relations;
(b) adopting the Work Plan for the funds for
bilateral relations at national level; and
(c) taking decisions by consensus on the use of
the funds for bilateral relations at national
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 40
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level.identifying and allocating bilateral
funds to programmes of bilateral interest.
2. The Work Plan for the funds for bilateral relations
at national level shall be discussed at the annual
meeting. Any comments to the Work Plan made at the
annual meeting shall be taken into account by the Joint
Committee for the Bilateral Funds.
3. The Joint Committee for the Bilateral Funds shall
be chaired by the National Focal Point and composed
of representatives from the Donor States and from the
Beneficiary States, including the respective ministry
of foreign affairs.
4. The Joint Committee for the Bilateral Funds shall
meet at least once a year, prior to the annual meeting.
5. The composition, role and functioning of the Joint See specific new article on the BFA above.
Committee for Bilateral Funds shall be further defined
in the Bilateral Fund Agreement between the FMC and
the National Focal Point. The Bilateral Fund
Agreement template is provided in Annex 4.
6. The National Focal Point shall, within two months It is considered a simplification to remove this provision. The objective of
of the last signature of the MoU, submit to the FMC a the provision is covered by the first paragraph of 4.8 that sets out the
proposal on the composition, role and functioning of obligation to conclude the BFA as soon as possible after the MoU.
the Joint Committee for Bilateral Funds. If the
Beneficiary State receives support under both the EEA
and the Norwegian Financial Mechanisms, the two
months shall count from the date of the last signature
of whichever of the two MoUs is signed last.
Article 4.7 Article 4.7
Use of funds for bilateral relations at programme Use of funds for bilateral relations at programme
level level
The National Focal Point shall as appropriate ensure The National Focal Point shall as appropriate ensure The possibility for Expressions of Interest is removed to avoid mixing-up
the availability and timely disbursement of funds for the availability and timely disbursement of funds for the ownership and the reporting of the two levels of BF.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 41
Chapter 4
Bilateral relations
Current text New text (with track changes) Comments
bilateral relations upon request from the Programme bilateral relations upon request from the Programme
Operators. Operators.
Article 4.10
Funds for bilateral relations at programme level
1. The Programme Operators shall be responsible for POs + DPPs are responsible for the decision-making on the use of the
the management and use of the funds for bilateral bilateral funds in programmes. IPOs have been excluded from that. The text
relations at programme level in their programmes. For has been amended to reflect that.
Donor partnership programmes, decisions on the use
of the funds for bilateral relations in the Programme
shall be taken by consensus between the Programme
Operator and the Donor Programme Partner(s).
2. The first date of eligibility for support under this The final date of eligibility for BF at programme level (31 December 2031)
Article shall be the date of entry into force of the shall be longer than the final date of eligibility for projects (30 April 2031),
Memorandum of Understanding with the respective but shorter than the final date of eligibility for bilateral funds at national
Beneficiary State. If support under this Article is level (30 April 2032)
received under both the EEA and the Norwegian
Financial Mechanisms, the first date of eligibility shall
be the date of entry into force of the whichever MoU
is signed first. The final date of eligibility for support
under this Article shall be 31 December 2031.
3. The Programme Operators shall report on the use of
the bilateral funds in their programmes in the annual
programme report, the Final Programme Report and
the Interim Financial Reports.
4. The Programme Operator, with the consent of the With this provision, the possibility is created that the DPPs can manage part
National Focal Point and the FMC, may entrust the of the bilateral funds in programmes themselves.
management of a part of the bilateral funds at
programme level to the Donor Programme Partner(s).
In such cases, the Donor Programme Partner(s) and the
Programme Operator shall conclude an agreement
including all necessary arrangements to allow the
Programme Operator to fulfil its reporting obligations
as described in paragraph 3.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 42
Chapter 4
Bilateral relations
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 43
Chapter 5
Management and control systems
Current text New text (with track changes) Comments
Chapter 5 Chapter 5
Management and control systems Management and control systems
Article 5.1 Article 5.1
General principles of the management and control General principles of the management and control
systems systems
1. The Beneficiary State shall be responsible for the 1. The Beneficiary State shall be responsible for the
management and control of programmes. The management and control of programmes. The
management and control systems established by the management and control systems established by the
Beneficiary State for the EEA Financial Mechanism Beneficiary State for the EEA Financial Mechanism
2014-2021 shall ensure the respect of the principles of 2014-20212021-2028 shall ensure the respect of the
accountability, economy, efficiency and effectiveness. principles of accountability, economy, efficiency and
effectiveness and the key requirements listed in
paragraph 2.
2. The management and control systems shall provide 2. The key requirements of management and control The contents for the management and control systems as currently described
for: systems shall provide forare: in the Regulation have been replaced by the list of ‘key requirements for
management and control systems’ provided for in the Common Provisions
(a) the definition of the functions of the entities (a) the definition of the functions of the entities
Regulation (CPR).
concerned in management and control and the concerned and the allocation of functions within
allocation of functions within each entity; each entity; The reason for this is to harmonise terminology and therefore approach of
(b) appropriate separation of functions between and national authorities, thus creating less complexity when dealing with the
(b) compliance with the principle of separation of within such entities and, where relevant, written grants.
functions between and within such entities; arrangements for reporting, supervising and
Having said that, the differences between the grants and the ESIF structures
(c) procedures for ensuring the correctness and monitoring of delegated tasks;
necessitates a relatively substantial rephrasing of the CPR text.
regularity of expenditure; (c) appropriate criteria and procedures for the
selection of projects and initiatives, in
(d) reliable accounting, monitoring and financial compliance with this Regulation;
reporting systems in computerised form; (d) appropriate information to beneficiaries on
applicable conditions for support for the selected
(e) a system of reporting and monitoring where the
projects and initiatives;
responsible entity entrusts the execution of tasks
(e) appropriate verifications and procedures for
to another entity; confirming that the incurred expenditure is legal
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 44
Chapter 5
Management and control systems
Current text New text (with track changes) Comments
(f) arrangements for auditing the functioning of the and regular, including and iInterim fFinancial
systems; rReports and the final balance;
(f) audit work carried out in accordance with
(g) systems and procedures to ensure an adequate internationally accepted audit standards;
audit trail; and (g) appropriate audits of the management and
(h) reporting and monitoring procedures for control systems;
irregularities and for the recovery of amounts (h) appropriate audits of expenditure declared;
unduly paid. (i) appropriate procedures for providing a reliable
audit opinion and for preparing the aAnnual
aAudit rReport; and
(j) reporting and monitoring procedures for
irregularities and for the recovery of amounts
unduly paid.
(a) the definition of the functions of the entities
concerned in management and control and the
allocation of functions within each entity;
(b) compliance with the principle of separation of
functions between and within such entities;
(c) procedures for ensuring the correctness and
regularity of expenditure;
(d) reliable accounting, monitoring and financial
reporting systems in computerised form;
(e) a system of reporting and monitoring where the
responsible entity entrusts the execution of tasks
to another entity;
(f) arrangements for auditing the functioning of the
systems;
(g) systems and procedures to ensure an adequate
audit trail; and
(h)(k) reporting and monitoring procedures for
irregularities and for the recovery of amounts
unduly paid.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 45
Chapter 5
Management and control systems
Current text New text (with track changes) Comments
3. The Beneficiary State shall comply with the 3. The Beneficiary State shall comply with the The addition of ‘transferring’ should increase interoperability between
requirements defined by the FMC for submitting requirements defined by the FMC for submitting and Beneficiary States IT systems and Grace.
information electronically. transferring information electronically.
Article 5.2 Article 5.2
Designation of national entities Designation of national entities
1. The Beneficiary State shall in the MoU designate 1. The Beneficiary State shall in the MoU designate The paragraph is amended to clarify that these entities are mutually agreed
the following entities for the implementation of the shall identify the following entities for the in the MoU.
EEA Financial Mechanism 2014-2021: implementation of the EEA Financial Mechanism
Reference to the Irregularities Authority is deleted as there will no longer
2014-20212021-2028:
(a) a National Focal Point; be a separate entity for this purpose. However, one national entity keeps the
(a) a National Focal Point; responsibility for reporting of irregularities (see Article 12.3.1).
(b) a Certifying Authority;
(b) a Certifying Authority; and
(c) an Audit Authority; and
(c) an Audit Authority.; and
(d) an Irregularities Authority.
an Irregularities Authority.
2. The Donor States and the Beneficiary State may in 2. The Donor States and the Beneficiary State may in Following deletion of Irregularities Authorities as a separate entity, there is
the MoU decide that the National Focal Point, in the MoU decide that the National Focal Point, in no need to ensure separation of IA from combined NFP and CA function.
addition to its tasks referred to in Article 5.3, takes on addition to its tasks referred to in Article 5.3, takes on
the tasks of the Certifying Authority under Article 5.4. the tasks of the Certifying Authority under Article 5.4.
Such arrangements shall nevertheless ensure the Such arrangements shall nevertheless ensure the
adequate functional separation of tasks related to adequate functional separation of tasks related to
payments from other tasks within the National Focal payments from other tasks within the National Focal
Point. If such arrangements are agreed upon, the Point. If such arrangements are agreed upon, the
National Focal Point shall not be designated as National Focal Point shall not be designated as
Irregularities Authority and paragraph 4 shall not Irregularities Authority and paragraph 4 shall not
apply. apply.
3. Without prejudice to Articles 2.5 and 6.13, the 3. Without prejudice to Articles 2.5 and 6.13, a This is to align with the approach in Article 2.5 foreseeing that the
National Focal Point shall, in consultation with the programme Operator shall be designated in the MoU Programme Operator is always designated in the MoU and, thus, decided
FMC, designate a Programme Operator for each for each programmethe National Focal Point shall, in upon by all parties in the MoU.
programme. The Programme Operator shall have consultation with the FMC, designate a Programme
Reference to the Civil Society Area is also deleted.
strong ties to the sector within which the programme Operator for each programme. The Programme
belongs. For programmes under the programme area Operator shall have strong ties to the sector within
‘Civil Society’, the Programme Operator shall be which the programme belongs. For programmes under
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 46
Chapter 5
Management and control systems
Current text New text (with track changes) Comments
autonomous of national, regional and local the programme area ‘Civil Society’, the Programme
governmental institutions. Should such an Operator shall be autonomous of national, regional
autonomous Programme Operator be unattainable, the and local governmental institutions. Should such an
FMC may in exceptional cases waive this requirement autonomous Programme Operator be unattainable, the
but only to the extent necessary. FMC may in exceptional cases waive this requirement
but only to the extent necessary.
4. In exceptional cases, the FMC may approve that the 4. In exceptional cases, the FMC may approve that the
National Focal Point takes the role of a Programme National Focal Point takes the role of a Programme
Operator for one or more programmes. Operator for one or more programmes.
5. If the National Focal Point takes the role of a 5. If the National Focal Point takes the role of a This is amended to reflect the deletion of the Irregularities Authority.
Programme Operator, the National Focal Point shall Programme Operator, the National Focal Point shall
not be designated as Irregularities Authority. not take over the role of the entity referred to in Article
12.3.1be designated as Irregularities Authority.
Article 5.3 Article 5.3
National Focal Point National Focal Point
1. The National Focal Point shall have the overall 1. The National Focal Point shall have the overall
responsibility for ensuring that programmes contribute responsibility for ensuring that programmes contribute
to the objectives of the EEA Financial Mechanism to the objectives of the EEA Financial Mechanism
2014-2021 as well as for ensuring that the 2014-20212021-2028 as well as for ensuring that the
implementation of the EEA Financial Mechanism implementation of the EEA Financial Mechanism
2014-2021 in the Beneficiary State is in line with 2014-20212021-2028 in the Beneficiary State is in line
Article 1.3. It shall serve as a contact point and be with Article 1.3. It shall serve as a contact point and
responsible and accountable for the implementation of be responsible and accountable for the implementation
the MoU. of the MoU.
2. The National Focal Point represents the Beneficiary 2. The National Focal Point represents the Beneficiary
State in its relations with the FMC regarding the State in its relations with the FMC regarding the
implementation of the EEA Financial Mechanism implementation of the EEA Financial Mechanism
2014-2021 in the Beneficiary State. 2014-20212021-2028 in the Beneficiary State.
3. The National Focal Point shall ensure that the 3. The National Focal Point shall ensure that the
programmes are implemented in accordance with the programmes are implemented in accordance with the
legal framework of the EEA Financial Mechanism legal framework of the EEA Financial Mechanism
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 47
Chapter 5
Management and control systems
Current text New text (with track changes) Comments
2014-2021 and monitor the progress and quality of 2014-20212021-2028 and monitor the progress and
their implementation. To this end, the National Focal quality of their implementation. To this end, the
Point shall continuously and in a structured manner National Focal Point shall continuously and in a
assess the risks to the implementation of the EEA structured manner assess the risks to the
Financial Mechanism 2014-2021 and may take the implementation of the EEA Financial Mechanism
action it deems necessary and compatible with this 2014-20212021-2028 and may take the action it deems
Regulation, including to verify the quality and content necessary and compatible with this Regulation,
of any documents provided to the FMC through the including to verify the quality and content of any
National Focal Point and request the necessary documents provided to the FMC through the National
modification to such documents. The National Focal Focal Point and request the necessary modification to
Point shall take any necessary steps to ensure that such documents. The National Focal Point shall take
Programme Operators are fully aware of their any necessary steps to ensure that Programme
responsibilities under the legal framework of the EEA Operators are fully aware of their responsibilities
Financial Mechanism 2014-2021. under the legal framework of the EEA Financial
Mechanism 2014-20212021-2028.
4. The National Focal Point shall carry out regular 4. The National Focal Point shall carry out regular
monitoring of the programmes with regards to their monitoring of the programmes with regards to their
progress towards the programme outputs, outcome(s) progress towards the programme outputs, outcome(s)
and objective(s) according to agreed indicators and and objective(s) according to the agreed results This is to clarify the language.
financial requirements specified for the programme. framework indicators and financial requirements
Results of the monitoring shall be reported in the specified for the programme. Results of the
Strategic Report. monitoring shall be reported in the Strategic Country
Report.
5. The role of the National Focal Point may be further 5. The role of the National Focal Point may be further
specified in the MoU. specified in the MoU.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 48
Chapter 5
Management and control systems
Current text New text (with track changes) Comments
Article 5.4 Article 5.4
Certifying Authority Certifying Authority
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 49
Chapter 5
Management and control systems
1. The Certifying Authority shall be responsible in 1. The Certifying Authority shall be responsible in
particular for: particular for:
(a) submitting to the FMC certified interim financial (a) sSubmitting to the FMC certified Iinterim
reports and final programme reports referred to in Ffinancial Rreports and fFinal pProgramme
Articles 9.3 and 6.12, respectively, certifying that: rReports referred to in Articles 9.3 and 6.812,
respectively, certifying that:
(i) the summary of eligible expenditure
submitted by the Programme Operator is in full (i) the summary of eligible expenditure
conformity with the supporting documents; submitted by the Programme Operator is in
(ii) the supporting documents have been full conformity with the supporting
examined and found to be authentic, correct and documents;
accurate; (ii) the supporting documents have been
examined and found to be authentic,
(iii) the summary of eligible expenditure is based
correct and accurate;
on verifiable accounting which is in compliance with
(iii) the summary of eligible expenditure is
generally accepted accounting principles and
methods; based on verifiable accounting which is in
compliance with generally accepted
(iv) the summary of eligible expenditure falls accounting principles and methods;
within eligible expenditure under this Regulation; (iv) the summary of eligible expenditure falls
(v) the summary of expenditure is incurred as within eligible expenditure under this
part of the implementation of the Programme in Regulation;
accordance with the programme agreement; (v) the summary of expenditure is incurred as
(vi) sufficient audit trail exists; and part of the implementation of the
Pprogramme in accordance with the
(vii) co-financing committed to the programme has pProgramme aAgreement;
been paid. (vi) sufficient audit trail for the eligible
(b) submitting to the FMC a forecast of likely expenditures of the programme exists; and
To clarify that this does not include audit trail of projects.
payment applications as referred to in Article 9.5; (vii) co-financing committed to the programme
has been paid.
(c) declaring to the FMC any interest earned as
(b) submitting to the FMC, as part of the Iinterim
referred to in Article 9.7;
Ffinancial rReport, submitting to the FMC a
(d) taking account for certification purposes of the forecast of likely payment applications as referred
results of all audits carried out by or under the to in Article 9.35;
responsibility of the Audit Authority; (b)(c) submitting to the FMC requests for
Ttechnical Aassistance disbursements in A separate task for technical assistance disbursements is added as this will
not follow the full IFR content described above.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 50
Chapter 5
Management and control systems
(e) maintaining accounting records in electronic form accordance with the payment schedule described This is to reflect the approach taken in Article 9.6 that negative interest is
of expenditure declared to the FMC; in Chapter 9;. considered an eligible cost to be covered by and within the total allocation
of the Technical Assistance and the programme management costs.
(f) ensuring that funds are made available to the (c)(d) declaring to the FMC any interest earned or
Programme Operators according to paragraph 2 of paid as referred to in Article 9.67;
Article 9.1; and
(d)(e) taking account for certification purposes of
(g) ensuring that amounts recovered and amounts the results of all audits carried out by or under the
withdrawn following cancellation of all or part of responsibility of the Audit Authority;
the financial contribution for a programme or
(e)(f) maintaining accounting records in electronic
project are reimbursed to the FMC prior to the
form of expenditure declared to the FMC;
closure of the programme.
(f)(g) ensuring that funds are made available to the
Programme Operators according to paragraph 2 of
Article 9.1.2; and
(g)(h) ensuring that amounts recovered and
amounts withdrawn following cancellation of all
or part of the financial contribution for a
programme or project are reimbursed to the FMC
prior to the closure of the programme.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 51
Chapter 5
Management and control systems
Current text New text (with track changes) Comments
2. Subject to contrary provision of the national law of 2. Subject to contrary provision of the national law of
the Beneficiary State, the Certifying Authority shall the Beneficiary State, the Certifying Authority shall
ensure the establishment and maintenance of a ensure the establishment and maintenance of a
separate interest-bearing bank account dedicated to the separate interest-bearing bank account dedicated to the
EEA Financial Mechanism 2014-2021. EEA Financial Mechanism 2014-20212021-2028.
Article 5.5 Article 5.5
Audit Authority Audit Authority
1. The Audit Authority shall be responsible in
1. The Audit Authority shall be responsible in
particular for:
particular for:
(a) (a) preparing within nine months of the Paragraph (d) has been moved to (a) and all further points have been re-
(a) ensuring that audits are carried out to verify approval of the last programme an risk-based listed accordingly.
the effective functioning of the management and audit strategy covering . The audit strategy Systems audits will no longer need to be carried out on all programmes.
control system at the level of the Beneficiary State; may cover the entire allocation to the
(b) ensuring that at least one audit is carried out Beneficiary State.more than one programme.
of each programme to verify the effective functioning The audit strategy shall set out the audit
of its management and control system; methodology, the sampling method for audits
(c) ensuring that audits are carried out on on projects and the indicative planning of
projects on the basis of an appropriate sample to verify audits to ensure that audits are spread evenly
expenditure declared; throughout the programming period. The
audit strategy shall be updated annually as
(d) preparing within nine months of the approval
appropriate. The Audit Authority shall
of the last programme an audit strategy. The audit
submit the audit strategy to the FMC in
strategy may cover more than one programme. The
English upon request within one month. The
audit strategy shall set out the audit methodology, the
sampling method for audits on projects and the FMC may provide comments;
indicative planning of audits to ensure that audits are (a)(b) ensuring that audits are carried out
spread evenly throughout the programming period. to verify the effective functioning of the
The audit strategy shall be updated annually as management and control system at the level
appropriate. The Audit Authority shall submit the of the Beneficiary State;
audit strategy to the FMC in English upon request (b) (c) carrying out auditsthat at least one audit
within one month. The FMC may provide comments; to verify the effective functioning of
(e) by 15 February each year from 2019 to 2025: management and control systems at the level
of the programmes. Audits shall be carried
(i) submitting to the FMC an annual audit report out on the basis of an appropriate sample,
setting out the findings of the audits carried out during taking into account the principles of single
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 52
Chapter 5
Management and control systems
Current text New text (with track changes) Comments
the previous 12 month-period ending on 31 December audit and proportionality and based on a risk
of the year concerned in accordance with the audit assessment is carried out of each programme
strategy of the programme and reporting any to verify the effective functioning of its
shortcomings found in the systems for the management and control system;
management and control. The first report to be
submitted by 15 February 2019 shall cover the period (d) ensuring that audits are carried out on projects on
up to 31 December 2018. The information concerning the basis of an appropriate sample to verify legality This is to reflect also the tasks needed in relation to simplified cost options.
the audits carried out after 1 January 2025 shall be and regularity of expenditure declared and the
included in the final audit report supporting the closure fulfilment of conditions for simplified cost options;
declaration referred to in point (f); (e) by 15 February each year from 2019 2026 to
(ii) issuing an opinion to the FMC, on the basis 20252032:
of the controls and audits that have been carried out (i) submitting to the FMC an aAnnual aAudit
under its responsibility, as to whether the management rReport setting out the findings of the audits carried
and control system functions effectively, so as to out for a twelve month reference period ending on 30 The text has been modified to replace the contents of the annual audit report
provide a reasonable assurance that statements of June of the previous calendar year.during the previous with a reference period covering actual expenditure, rather than a reporting
actual expenditure incurred presented to the FMC are 12 month-period ending on 31 December of the year period covering audit work.
correct and as a consequence reasonable assurance that concerned The aAnnual aAudit rReport shall be in
the underlying transactions are legal and regular; accordance with the audit strategy of the programme
(f) submitting to the FMC at the latest by 31 and reporting any shortcomings found in the systems
December 2025 a closure declaration assessing for the management and control systems. The first
the validity of the application for payment of the report to be submitted by 15 February 2019 2026 shall
cover the reference period up to 301 December June
final balance claimed in the final programme
20182025. The information concerning the audits
report.
carried out after for the reference period from 1 July
202431 1 January 2025 shall be included in the fFinal
aAudit rReport supporting the closure declaration
referred to in point (f);
(ii) issuing an opinion to the FMC, on the basis
of the controls and audits that have been carried out
under its responsibility, as to whether the management
and control system functions effectively, so as to and
can provide a reasonable level of assurance that
statements of actual expenditure incurred presented to
the FMC are correct, and as a consequence reasonable
assurance thatcorrect, that the underlying transactions
are legal and regular and that the conditions for
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 53
Chapter 5
Management and control systems
Current text New text (with track changes) Comments
reimbursement of simplified cost options are met. The
opinion shall be based on a template to be provided by
the FMC;
(f) submitting to the FMC at the latest by 31
December 20252032 a closure declaration assessing
the validity of the application for payment of the final
balance claimed in the fFinal pProgramme rReport.
The closure declaration shall be based on a template to
be provided by the FMC.
2. Where the Audit Authority chooses not to carry out 2. Where the Audit Authority chooses not to carry out
the audits according to paragraphs 1(a) through (c), it the audits according to points paragraphs 1(ba)
shall appoint an independent and certified auditor to through (cd) of paragraph 1, it shall appoint an
perform these tasks. independent and certified auditor to perform these
tasks.
3. The Audit Authority shall ensure that the audit 3. The Audit Authority shall ensure that the audit
complies with internationally accepted audit complies with internationally accepted audit
standards. standards.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 54
Chapter 5
Management and control systems
Current text New text (with track changes) Comments
4. For the purposes of point (c) of paragraph 1, 4. For the purposes of point (cd) of paragraph 1,
declared expenditure shall be audited based on a declared expenditure shall be audited based on a
representative sample and, as a general rule, on representative sample and, as a general rule, on
statistical sampling methods. statistical sampling methods.
In such cases, the size of the sample shall be sufficient In such cases, the size of the sample shall be sufficient
to enable the Audit Authority to draw up a valid audit to enable the Audit Authority to draw up a valid audit
opinion in accordance with point (e) of paragraph 1. opinion in accordance with point (e) of paragraph 1.
A non-statistical sampling method may be used on the A non-statistical sampling method may be used on the
professional judgment of the Audit Authority, in duly professional judgment of the Audit Authority, in duly
justified cases, in accordance with internationally justified cases, in accordance with internationally
accepted audit standards and in any case where the accepted audit standards and in any case where the
number of projects for a year is insufficient to allow number of projects for a year is insufficient to allow
the use of a statistical method. the use of a statistical method.
The non-statistical sample method shall cover a The non-statistical sample method shall cover a
minimum of 10% of projects for which expenditure minimum of 10% of projects for which expenditure
has been declared during a year and a minimum of has been declared during a year and a minimum of
15% of the expenditure which has been declared 15% of the expenditure which has been declared
during a year. during a year.
5. When carrying out audits, the Audit Authority shall
take due account of the principles of single audit and
proportionality in relation to the level of risk to the
implementation of the EEA Financial Mechanism.
This shall be, in particular, in order toto avoid
duplication of audits and verifications of the same
expenditure with the objective of minimising the cost
of verifications and audits and the administrative
burden on beneficiaries.
The Audit Authority shall first use all the information
and records referred to in point (k) of Article 5.6.1(k),
including results of verifications, and only request and
obtain additional documents and audit evidence from
the beneficiaries concerned where, based on their
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 55
Chapter 5
Management and control systems
Current text New text (with track changes) Comments
professional judgement, this is required to support
robust audit conclusions.
6. The Audit Authority and the FMC shall meet on a
regular basis and, unless otherwise agreed, at least
once a year to examine the audit strategy, the aAnnual
aAudit rReport and opinion, to coordinate their audit
plans and methods, and to exchange views on issues
relating to the improvement of management and
control systems.
Article 5.6 Article 5.6
Programme Operator Programme Operator
1. The Programme Operator shall be responsible for 1. The Programme Operator shall be responsible for
preparing and implementing the programme in preparing and implementing the programme in
accordance with the principles described in Article 1.3 accordance with the principles described in Article 1.3
and in particular for: and in particular for:
(a) ensuring that projects contribute to the overall (a) ensuring that projects contribute to the overall
objectives of the EEA Financial Mechanism objectives of the EEA Financial Mechanism
2014-2021 and the specific programme outputs, 2014-20212021-2028 and the specific
outcome(s) and objective(s) and that they comply programme outputs, outcome(s) and objective(s)
with this Regulation, the programme agreement and that they comply with this Regulation, the
as well as applicable national and European pProgramme Aagreement as well as applicable
Union law in all implementation phases; national and European Union law in all
implementation phases;
(b) ensuring that the appropriate level of expertise to
design the programme and develop the results (b) ensuring that the appropriate level of expertise to This is to emphasize availability of expertise.
framework is available; design the programme is available, including and
developing the results framework is available;
(c) collecting applications, selecting projects to be
funded and signing project contracts for each (c) processing calls for proposals, collecting
Language has been amended for completeness.
project; applications, selecting projects to be funded and
signing project contracts for each project;
(d) facilitating bilateral cooperation, where relevant;
(d) facilitating bilateral cooperation, where relevant;
(e) verifying that the expenditure declared by the
Projects Promoters has actually been incurred and
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 56
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Management and control systems
Current text New text (with track changes) Comments
complies with this Regulation, the programme (e) verifying that the expenditure declared by the Reference to costs incurred is deleted as simplified cost options has been
agreement as well as applicable national and Projects Promoters has actually been incurred and added as forms of eligible expenditure.
European Union law; complies with this Regulation, the pProgramme
aAgreement as well as applicable national and
(f) ensuring that payments of the project grant are
European Union law;
made in a timely manner;
(f) ensuring that payments of the project grant are
(g) ensuring the quality of the implementation of the
made in a timely manner;
programme and verifying the project outputs and
the projects’ progress towards expected (g) ensuring the quality of the implementation of the
programme’s outcomes, inter alia through programme, and progress towards the projects’
monitoring, including where appropriate, on-the- expected results and quality of the results
spot verification of projects carried out on a data;.verifying the project outputs and the
sample basis; projects’ progress towards expected programme’s
outcomes, inter alia through monitoring,
(h) assessing the risks to the effective implementation
including where appropriate, on-the-spot
of the programme and its results and taking
verification of projects carried out on a sample
appropriate action;
basis;
(i) conducting annual monitoring of a sample of
(h) assessing the risks to the effective implementation
projects, selected based on risk assessment and
of the programme and its results and taking
including random samples;
appropriate action;
(j) ensuring that the financial contribution is used
(i) conducting annual monitoring of a sample of
exclusively for the purpose of the programme and
projects, selected based on risk assessment and
its projects and according to the programme
including random samples, including where
agreement and that all assets forming part of the
appropriate through on-site visits;
programme are used only for such purposes as
provided for in the programme agreement; (j) ensuring that the financial contribution is used
exclusively for the purpose of the programme and
(k) ensuring that there is a system for recording and
its projects and according to the pProgramme
storing in computerised form accounting records
aAgreement and that all assets forming part of the
for each project under the programme and that the
programme are used only for such purposes as
data on implementation necessary for financial
provided for in the pProgramme aAgreement;
management, reporting, monitoring, verifications,
audits and evaluation are collected; (k) ensuring that there is a system for recording and
storing in computerised form accounting records
(l) establishing an organisational structure of the
for each project under the programme and that the
Programme Operator that ensures independence
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Current text New text (with track changes) Comments
and functional separation of the division data on implementation necessary for financial
responsible for verification of incurred management, reporting, monitoring, verifications,
expenditure and approval of payments from other audits and evaluation are collected and processed;
divisions responsible for the implementation of
(l) establishing an organisational structure of the
the programme;
Programme Operator that ensures independence
(m) subject to contrary provisions of the national law and functional separation of the division
of the Beneficiary State, establishing and responsible for verification of incurred
maintaining a separate interest-bearing bank expenditure, verification of fulfilment of
account dedicated to the funds intended for conditions for simplified cost options and
regranting; approval of payments from other divisions
responsible for the implementation of the
(n) ensuring that Project Promoters maintain either a
programme;
separate accounting system or an adequate
accounting code for all transactions relating to the (m) subject to contrary provisions of the national law
project without prejudice to national accounting of the Beneficiary State, establishing and
rules; maintaining a separate interest-bearing bank
account dedicated to the funds intended for
(o) ensuring transparency and availability of
regranting;
documents in accordance with the requirements of
Article 9.8; (n) ensuring that Project Promoters maintain either a
separate accounting system or an adequate
(p) ensuring that the Certifying Authority receives all
accounting code for all transactions relating to the
necessary information on the procedures and
project without prejudice to national accounting
verifications carried out in relation to expenditure
rules;
for the purpose of certification;
(o) ensuring transparency and availability of
(q) drawing up and submitting the interim financial
documents in accordance with the requirements of
reports, the annual programme report, the final
Article 9.78;
programme report and reports on interests earned
in accordance with Articles 6.11, 6.12, 9.3, 9.4 (p) ensuring that the Certifying Authority receives all
and 9.7; necessary information on the procedures and
verifications carried out in relation to expenditure
(r) submitting to the Certifying Authority a forecast
for the purpose of certification;
of likely payment applications necessary for the
Certifying Authority to fulfil its obligations in (q) drawing up and submitting the Iinterim fFinancial
accordance with Article 9.5; rReports, the annual programme report, the fFinal
pProgramme rReport and reports on interests
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(s) ensuring entry of project-specific statistical data earned and paid in accordance with Articles 6.11,
to maintain the reporting database; 6.812, 9.3, 9.4 and 9.67;
(t) ensuring that the FMC and the National Focal (r) submitting to the Certifying Authority a forecast
Point is upon request, and within reasonable time, of likely payment applications necessary for the
provided with all documents and information Certifying Authority to fulfil its obligations in
related to the implementation of the programme accordance with Article 9.35;
and its projects;
(s) ensuring that there is a system for recording and
(u) ensuring that the Project Promoters are fully storing in computerised form entry of all data
committed and able to implement their projects; required to fulfil the reporting requirements,
including project-specific statistical data to
(v) ensuring that all necessary and appropriate
maintain the reporting database;
measures are taken to prevent, detect and nullify
any cases of suspected or actual irregularities, that (t) ensuring that the FMC and the National Focal
they are investigated promptly and efficiently and Point is are upon request, and within reasonable
properly reported and remedied, including time, provided with all documents and
making any financial corrections that may be information related to the implementation of the
appropriate; programme and its projects;
(w) ensuring that all relevant European Union, (u) ensuring that the Project Promoters are fully
national and local,legislation (including, but not committed and ablehave the necessary capacity
limited to, legislation on the environment, public and expertise to implement their projects;
procurement and state aid) are complied with; and
ensuring that all necessary and appropriate
(x) complying with any other obligations stipulated in measures are taken to prevent, detect and nullify
the programme agreement. any cases of suspected or actual irregularities, that
This point is moved down as point (y).
they are investigated promptly and efficiently and
properly reported and remedied, including
making any financial corrections that may be
appropriate;
(v) ensuring that all projects and activities are
consistent with respect for the values and
principles referred to in Article 1.3, and In line with Article 1.2 of the Protocol 38d, this point places a responsibility
abstaining from supporting operations that may on the PO to continuously monitor projects and activities for compliance
fail to do so;. with the values, even after they are selected.
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(w) ensuring that all relevant European Union,
national and local, legislation (including, but not
limited to, legislation on the environment, public
procurement, and state aid and data protection)
are complied with; and
(x) complying with any other obligations stipulated in
the pProgramme aAgreement; and.
(y) ensuring that all necessary and appropriate
measures are taken to prevent, detect and nullify
any cases of suspected or actual irregularities, that
they are investigated promptly and efficiently and
properly reported and remedied, including
making any financial corrections that may be
appropriate.;
2. Verifications to be carried out by the Programme 2. Verifications to be carried out by the Programme This change aims to add a clearer link to the risk-based approach for
Operator shall cover administrative, financial, Operator shall cover administrative, financial, verifications.
technical and physical aspects of projects, as technical and physical aspects of projects, as
appropriate and in accordance with the principle of appropriate. Verifications shall be risk-based and
proportionality. proportionate to the risks identified in accordance with
the principle of proportionality.
Verifications shall include the following procedures:
Verifications shall include the following procedures:
(i) administrative verifications in respect of incurred
expenditure reported by Project Promoters; (i) administrative verifications in respect of incurred
expenditure and fulfilment of conditions for simplified
(ii) on-the-spot verifications of projects.
cost options reported by Project Promoters;
(ii) on-the-spot verifications of projects.
3. Verifications shall include the following This point and the following paragraphs have been renumbered for
procedures: consistency
(a) administrative verifications in respect of
incurred expenditure and fulfilment of
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conditions for simplified cost options
reported by Project Promoters;
(a)(b) on-the-spot verifications of projects.
Examination of proof of expenditure related to the 4. Examination of proof of expenditure and fulfilment This is to reflect the tasks needed in relation to simplified cost options.
administrative verifications under point (i) and on-the of conditions for simplified cost options related to the
Language is changed to ‘shall’ as a sample based examination of proof of
spot verifications under point (ii) may be carried out administrative verifications under point (i) and on-the
expenditure is now mandatory, in order to simplify the control environment.
on a sample basis. The Programme Operator shall spot verifications under point (ii) may shall be carried
keep records describing and justifying the sampling out on a sample basis. The Programme Operator shall
method and identifying the project or transactions keep records describing and justifying the sampling
selected for verification. method and identifying the project or transactions
selected for verification.
The Programme Operator shall determine the size of 5. The Programme Operator shall determine the size
the sample in order to obtain reasonable assurance as of the sample in order to obtain reasonable assurance
to the legality and regularity of the underlying as to the legality and regularity of the underlying
transactions, having regard to the level of risk transactions and as to conditions for reimbursement
identified by the Programme Operator for the type of met, in line with the principle of proportionality,
Project Promoters and projects concerned and audits having regard to the level of risk identified by the
by the Audit Authority. Programme Operator for the type of Project Promoters
and projects concerned and audits by the Audit
Authority.
The Programme Operator shall establish written 6. The Programme Operator shall establish written
standards and procedures for the verifications carried standards and procedures for the verifications carried
out and shall keep records for each verification, stating out and shall keep records for each verification, stating
the work performed, the date and the results of the the work performed, the date and the results of the
verification, and the measures taken in respect of verification, and the measures taken in respect of
irregularities detected. irregularities detected.
3. The Programme Operator shall comply with the 7. The Programme Operator shall comply with the The addition of ‘transferring’ should increase interoperability between
requirements defined by the FMC for submitting requirements defined by the FMC for submitting and Beneficiary States IT systems and Grace.
information electronically. transferring information electronically.
8. The Programme Operator shall ensure adequate This is to capture resources concerns in a general manner.
capacity and expertise to fulfil its responsibilities.
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Article 5.7 Article 5.7
Setting up of management and control systems Setting up of management and control systems
1. The National Focal Point shall, within six months of 1. The National Focal Point shall, within six months of The procedure foreseen is lighter than that currently in place, as there is no
the date of the last signature of the MoU, submit to the the date of the last signature of the MoU, submit to longer a requirement for the Donors to review the entire MCS description.
FMC a detailed description of the management and the FMC Audit Authority a detailed description of the
control systems, covering in particular the management and control systems, covering the
organisation and procedures of: principles and key requirements identified in Article
5.1 and in particular the organisation and procedures
(a) the National Focal Point, the Certifying Authority
of :
and any other national entities involved in the
implementation of the EEA Financial Mechanism (a) the National Focal Point, the Certifying
2014-2021 according to the MoU; Authority, the Audit Authority and any other national
entities involved in the implementation of the EEA
(b) the Audit Authority and any other entities
Financial Mechanism 2014-20212021-2028 according
carrying out audits under its responsibility.
to the MoU.;
(b) the Audit Authority and any other entities
carrying out audits under its responsibility.
2. Within six months from the approval of the 2. Within six months from the approval of the The requirement for a programme level Management and Control System
programme by the FMC the Programme Operator shall programme by the FMC the Programme Operator shall description is removed from the Regulation. It is not excluded that the NFP
submit to the National Focal Point for approval a submit to the National Focal Point for approval a and POs will still draft a specific document for the POs procedures, but they
detailed description of the management and control detailed description of the management and control can also agree to apply existing procedures or to include them in the national
systems of the Programme Operator, covering in systems of the Programme Operator, covering in ones. This is left up to national authorities to agree, and the Regulation does
particular: particular: not put anymore a requirement on them.
(a) the systems for verification, audit and monitoring; (a) the systems for verification, audit and monitoring;
(b) the system for preventing, mitigating, detecting, (b) the system for preventing, mitigating, detecting,
reporting on and remedying irregularities; and reporting on and remedying irregularities; and
(c) the system established to maintain an audit trail of (c )the system established to maintain an audit trail of
all supported activities. all supported activities.
The National Focal Point shall inform the FMC of the The National Focal Point shall inform the FMC of the
approval of the description of the management and approval of the description of the management and
control systems of the Programme Operator within control systems of the Programme Operator within
three months of its submission to the National Focal three months of its submission to the National Focal
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Point. Severe deficiencies should be reported to the Point. Severe deficiencies should be reported to the
FMC should it not be possible to rectify these within a FMC should it not be possible to rectify these within a
reasonable time frame. reasonable time frame.
3. The detailed descriptions referred to in paragraphs 23. The Audit Authority shall review Tthe detailed The procedure foreseen is lighter than that currently in place, as there is no
1 and 2 shall be accompanied by a report and an descriptions referred to in paragraphs 1 and 2 shall be longer a requirement for the Donors to review the entire MCS description
opinion by the Audit Authority confirming that the accompanied byand draw up a report and an opinion and withhold payments until this has been completed. Instead, the Audit
implementation system of the Beneficiary State and by the Audit Authority confirming that the Authority shall review the MCS descriptions and provide the Donors with
the Programme Operator complies with this management and control systems implementation an opinion (only on the national level descriptions). If this is not received
Regulation and generally accepted accounting system of the Beneficiary State and the Programme within 12 months of the MoU the Donors may suspend payments.
principles. The report shall assess the proportionality Operator compliesy with this Regulation and generally
of the management and control systems’ requirements accepted accounting principles. The report shall assess
in relation to the effectiveness of achieving the the proportionality of the management and control
objectives of the programmes. The report and the systems’ requirements in relation to the effectiveness
opinion referred to in this paragraph shall be drawn up of achieving the objectives of the programmes. The
by the Audit Authority. Where the Audit Authority report and the opinion referred to in this paragraph
chooses not to carry out audits itself, it shall appoint shall be drawn up by the Audit Authority. Where the
an independent and certified auditor to perform these Audit Authority chooses not to carry out audits itself,
tasks. it shall appoint an independent and certified auditor to
perform these tasks. The Audit Authority may, to the
extent possible, base its review on the equivalent
description submitted under the EEA Financial
Mechanism 2014-20212021-2028.
3. The National Focal Point shall submit to the FMC,
in English and using a template provided by the FMC,
the opinion drawn up in accordance with paragraph 2
concerning the management and control system of the
Beneficiary State.
4. The National Focal Point shall, upon request, submit 4. The National Focal Point shall, upon request, submit This is to clarify that the MCS may be requested by the FMC, in English.
to the FMC the detailed description of the to the FMC the detailed description of the
management and control systems of the Programme management and control systems of the Programme
Operator in English, accompanied by the documents Operator in Englishdescribed in paragraphs 1 and 2,
referred to in paragraph 3. The National Focal Point accompanied by the documents referred to in
shall submit these documents within two months of the paragraph 32, in English. The National Focal Point
shall submit these documents within two months of the
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request. The FMC may provide comments within two request. The FMC may provide comments within two
months after receipt of the documents. months after receipt of the documents.
5. Prior to disbursing the first payment to any 5. Prior to disbursing the first payment to any
programme, Technical Assistance or the fund for programme, Technical Assistance or the fund for
bilateral relations, the FMC shall determine whether bilateral relations, the FMC shall determine whether
the detailed description of the management and control the detailed description of the management and control
systems submitted in accordance with paragraph 1 of systems submitted in accordance with paragraph 1 of
this Article meets the minimum requirements. This this Article meets the minimum requirements. This
paragraph shall not apply to payments in accordance paragraph shall not apply to payments in accordance
with paragraph 4 of Article 4.6 and to extraordinary with paragraph 4 of Article 4.6 and to extraordinary
advance payments in respect of costs related to the advance payments in respect of costs related to the
preparation of programmes approved by the FMC, in preparation of programmes approved by the FMC, in
accordance with paragraph 8 of Article 8.10. accordance with paragraph 8 of Article 8.10.
5. The FMC may suspend payments to a Beneficiary
State if an opinion confirming that the management
and control system of the Beneficiary State complies
with this Regulation and generally accepted
accounting principles has not been submitted within
twelve months of the entry into force of the MoU.
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Programmes
Current text New text (with track changes) Comments
Chapter 6 Chapter 6
Programmes Programmes
Article 6.1 Article 6.1
Preparation of programmes Preparation of programmes
1. The EEA Financial Mechanism 2014-2021 is 1. The EEA Financial Mechanism 2014-20212021- Programme areas has been put in plural, as programmes may contribute to
implemented in the Beneficiary States through 2028 is implemented in the Beneficiary States through different programme areas.
programmes. A programme shall contribute to the programmes. A programme shall contribute to the
objective of the respective programme area agreed in objective of the respective programme area(s) agreed
the MoU, to the overall objectives of the EEA in the Memorandum of Understanding, to the overall
Financial Mechanism 2014-2021, and shall comply objectives of the EEA Financial Mechanism 2014-
with the legal framework of the EEA Financial 20212021-2028, and shall comply with the legal
Mechanism 2014-2021, national and European Union framework of the EEA Financial Mechanism 2014-
law. 20212021-2028, national and European Union law.
2. A programme may combine a number of 2. A programme may combine a number of In view of simplification, especially regarding reporting, projects will be
programme areas, provided all measures under the programme areas. All projects under the programme able to contribute to one programme area objective only. It will no longer
programme contribute to one programme area must contribute to only one programme area objective, be possible to have projects that contribute to multiple programme area
objective. provided all measures under the programme contribute objectives.
to one programme area objective.
3. All programmes shall be in line with the ‘Policy Reference to what is informally referred to as the “Blue book”.
Framework for the EEA and Norway Grants’.
Article 6.2 Article 6.2
Concept note Concept Note
1. The Programme Operator shall, on the basis of the 1. The Programme Operator shall, Oon the basis of the The PO should keep the responsibility and ownership of developing the
MoU and within the programmes identified therein, Memorandum of Understanding and within the Concept Note. This should be done in very close dialogue with the FMO,
develop a concept note defining the scope and planned programmes identified therein, the Programme DPPs and IPOs. However, the modalities/arrangements for the cooperation
results for each programme. The concept note shall be Ooperator shall, in cooperation with the Donor should be settled informally and should not be covered by the Regulation.
prepared in cooperation with the FMO and in Programme Partner(s), International Partner
consultation with relevant stakeholders, in particular Organisation(s) and the FMO, develop a Concept Note
Donor Programme Partners and IPOs where defining the scope and planned results for each The second phrase has been altered to differentiate more clearly between on
applicable. programme. The concept note shall be prepared in the one hand, DPPs and IPOs and, on the other hand, other stakeholders. It
cooperation with the FMO and in consultation with is proposed that stakeholder consultations are optional and no longer
relevant stakeholders, in particular Donor Programme mandatory.
Partners and IPOs where applicable. Other
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stakeholders may be consulted as relevant, or as
required in the Memorandum of Understanding.
2. The Programme Operator shall, through the 2. The Programme Operator shall, through Tthe The NFPs are responsible to submit the Concept Note to the FMC.
National Focal Point, submit the concept note for each National Focal Point shall, submit the Concept Note
As it is proposed that the POs will be appointed in the MoU (see
programme to the FMC within six months from the for each programme to the FMC within six months
modification proposal for Article 2.5.2), the appointment of the PO should
date of the designation of the Programme Operator from the date of entry into force of the Memorandum
no longer be a delaying factor.
according to Article 5.2. of Understanding.the date of the designation of the
Programme Operator according to Article 5 The proposal is to have 6 months for CN submission + 2 months for Donor
review of the CN + 4 months for finalising the Programme
Agreement+Donor review of the programme (approval or rejection of the
programme).
3. The concept note shall briefly describe: 3. The Concept Note shall briefly describe: The Concept Note should be simplified and contain less detail. The template
shall be provided by the FMC.
(a) the justification and main features of the (a) the programme objective(s) and the expected
programme; contribution towards the two overall objectives; - (a) The programme objective(s) is the starting point for programmes.
(b) the expected contribution towards the two overall (b) the main challenges to be addressed, expected - (b) A short description of challenges to be addressed, expected results and
objectives and the programme’s objective, including results and approach; approach (the description should reflect what are the challenges to be
planned outcome(s) and outputs, indicators, risks and addressed, what do you want to achieve, what do you want to do and how
(c) how conditions and/or specificspecial concerns
target group(s); to obtain the desired results). The description should be given per outcome
from the Memorandum of Understanding and, where
(see CN template). The term “approach” covers modalities, activities, target
(c) how special concerns from the MoU and where relevant, the common values and principles identified
group(s) and risks and assumptions, which is further indicated in the
relevant, the common values identified in paragraph 1 in paragraph 1 of Article 1.3.1, will be integrated in
Concept Note template. Reference to indicators is removed in view of
of Article 1.3, will be integrated in the planning and the development planning and implementation of the
simplification and less detail.
implementation of the programme; programme;
(d) As the proposal is to have a split between national and programme level
(d) the tentative overall budget; (d) how bilateral cooperation will be addressed and
bilateral funds, it should be addressed in the CN for each programme what
main priorities for the bilateral funds in the
(e) any small grant schemes; the main priorities are for using the bilateral funds in the programme.
programme;
(f) any pre-defined projects, Small grant schemes are removed (in line with proposal to remove small
(e) the proposed calls and pre-defined projects;
grant schemes as a specific modality – see below).
(g) any financial instruments.
(f) the tentative overall budget.
The requirement for a description of any pre-defined projects is covered by
(a) the justification and main features of the point (b) and (e) and is further clarified in the CN template.
programme;
Financial instruments are removed.
(b) the expected contribution towards the two overall
objectives and the programme’s objective, including
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planned outcome(s) and outputs, indicators, risks and The content of this article is aligned with the content of the Concept note
target group(s); template. The purpose of this paragraph is to reflect the main elements that
will be requested in the CN.
(c) how special concerns from the MoU and where
relevant, the common values identified in paragraph 1
of Article 1.3, will be integrated in the planning and
implementation of the programme;
(d) the tentative overall budget;
(e) any small grant schemes;
(f) any pre-defined projects,
(g) any financial instruments.
4. The FMC shall assess the concept note and shall 4. The FMC shall assess the Concept Note and The FMC has the opportunity, but not an obligation to make comments.
make comments. Any comments made by the FMC mayshall make comments. Consistency with the
A deadline of two months to review the concept note has been introduced
shall be taken into account in the programme’s further values and principles referred to in Article 1.3 shall
for the FMC.
preparation. form part of the assessment of the FMC. Any
comments made by the FMC shall be taken into
account in the programme’s further preparation. The
FMC shall conclude its review of the Concept Note
within two months of its submission.
5. The FMC may decide to reject the concept note. In 5. The FMC may decide take a reasoned decision to It is clarified in the text that the FMC shall provide justification in case it
such cases, the Programme Operator may, through the reject the Concept Note. In such cases, the Programme decides to reject a concept note.
National Focal Point, resubmit once a revised concept Operator National Focal Point may, through the
note within two months from the date of the rejection. National Focal Point, resubmit once a revised Concept
The National Focal Point may, as an alternative and Note within two months from the date of the rejection.
within the same deadline, propose different use of the The National Focal Point may, as an alternative and
funds. If funds are to be used for another programme within the same deadline, propose different use of the
and the receiving programme has already been funds. If funds are to be used for another programme
approved, such reallocation of funds shall comply with and the receiving programme has already been
paragraph 6 of Article 6.9. approved, such reallocation of funds shall comply with
paragraph 6 of Article 6.97.5.
6. The concept note template is provided in Annex 5. 6. The Concept Note template shall be provided by the
FMC is provided in Annex 5.
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Article 6.3 Article 6.3 The title of Article 6.3 has been amended to better reflect the content of
Programme agreement Approval of programmes Programme agreement the article.
1. On the basis of the concept note and the comments 1. On the basis of the Concept Note and the comments
of the FMC on the concept note, the FMO shall of the FMC on the Concept Note, the FMO shall
prepare a draft programme agreement setting out the prepare a draft Pprogramme Aagreement setting out
terms and conditions of the operation of the the terms and conditions of the operation of the
programme as well as the roles and responsibilities of programme as well as the roles and responsibilities of
the parties. The Beneficiary State shall provide any the parties. The Beneficiary State shall provide any
supplementary information requested, including but supplementary information requested, including but
not limited to, a risk assessment and mitigation not limited to, a risk assessment and response
analysis, information related to the management of the mitigation analysis and, information related to the
programme and a communication plan. The FMO and management of the programme. and a communication
the Beneficiary State shall endeavour to finalise the plan. The FMO and the Beneficiary State shall
draft programme agreement within six months of the endeavour to finalise the draft programme agreement
date of the submission of the concept note in within six months of the date of the submission of the
accordance with Article 6.2. concept note in accordance with Article 6.2.
2. The FMC may decide to approve or reject support
2. The FMC may decide to approve or reject support The provision is modified in order to create a stricter deadline of four
to the programme. Consistency with the values and
to the programme. When approving a programme, the months (from concept note review) for the conclusion of the entire
principles referred to in Article 1.3 shall form part of
FMC may set conditions and/or require modifications programme approval process.
the assessment of the FMC. The FMC shall make its
to the draft programme agreement.
decision within four months of the conclusion of its
review referred to in Article 6.2.4, provided that any
supplementary information requested has been
provided by the Beneficiary State. When approving
support to a programme, the FMC may set conditions
and/or require modifications to the draft Pprogramme A provision has been added to indicate that the Beneficiary State shall be
Aagreement. The Beneficiary State shall be given the heard prior to an FMC decision to reject a programme.
opportunity to provide its views prior to a decision by
the FMC to reject support to a programme.
3. For each approved programme a programme 3. For each approved programme a Pprogramme
agreement shall be concluded between the FMC and Aagreement shall be concluded between the FMC and
the National Focal Point. the National Focal Point.
4. The programme agreement template is provided in 4. The Pprogramme Aagreement template is provided
Annex 6. in Annex 64.
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Article 6.4 Article 6.4
Grant rates and minimum size of project grants Grant rates and minimum size of project grants
Point (a) is deleted as there will be a global fund for Civil Society (in line
1. The contribution from the EEA Financial 1. The contribution from the EEA Financial
with Protocol 38D).
Mechanism 2014-2021 shall not exceed 85% of Mechanism 2014-20212021-2028 shall not exceed
eligible expenditure of the programme, except for: 85% of eligible expenditure of the programme, except
for: Reference to programmes operated by intergovernmental organisations or
(a) programmes under the programme area
Donor State entities has been removed, as this option has not been used
“Civil Society”; (a) programmes under the programme area
under the 14-21 FM and is not expected to be relevant for the 21-28 FM
“Civil Society”;
(b) programmes operated by the FMO, inter- either.
governmental organisations or Donor State entities in (ab) programmes operated by the FMO, inter-
accordance with Article 6.13; and governmental organisations or Donor State entities in
accordance with Article 6.1013; and
I other programmes of special interest,
(bc) other programmes of special interest,
where the FMC may set a higher programme grant
rate. where the FMC may set a higher programme grant
rate.
2. The maximum project grant rate shall be calculated 2. The maximum project grant rate shall be calculated
as a percentage of the total eligible expenditure of the as a percentage of the total eligible expenditure of the
project, proposed in the concept note and determined project, proposed in the Concept Note and determined
in the programme agreement. It shall take into account in the Pprogramme Aagreement. It shall take into
the need to ensure Project Promoters’ commitment and account the need to ensure Project Promoters’
ownership, as well as sustainability of the project. commitment and ownership, as well as sustainability
When setting the project grant rate, the Programme of the project. When setting the project grant rate, the
Operator shall further take into account any economic Programme Operator shall further take into account
benefit, e.g. cost savings or increased profit, which is any economic benefit, e.g., cost savings or increased
a result from receiving a financial contribution. profit, which is a result from receiving a financial
Economic benefits shall be used in a manner which contribution. Economic benefits shall be used in a
supports the objectives of the project. The applicable manner which supports the objectives of the project.
rules on state aid, procedural and substantive, shall be The applicable rules on state aid , procedural and
complied with. substantive, shall be complied with.
3. In case of support to NGOs and social partners the 3. In case of support to NGOs and social partners the The requirement of minimum 10 % co-financing for NGOs has been
project grant rate may be up to 90% of eligible project grant rate may be up to 90% of eligible removed.
expenditure of the project. expenditure of the project.
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4. Co-financing under paragraphs 1 to 3 shall be in the 3. Co-financing under paragraphs 1 andto 23 shall be
form of cash, including electronic transfers. in the form of cash, including electronic transfers.
5. In case of projects where the project promoter is an 4. In case of projects where the project promoter is an
NGO or a social partner, in-kind contribution in the NGO or a social partner Project Promoters and project
form of voluntary work may constitute up to 50% of partners that are NGOs or social partners, in-kind As co-financing for NGOs would no longer be required in all cases, there
the co-financing required by the programme for the contribution in the form of voluntary work may should also not be a minimum level of cash contribution required.
project. In exceptional cases, and subject to approval constitute up to 10050% of anythe project co-
In cases where co-financing is required, it can be 100% in-kind contribution
by the FMC, in-kind contribution in the form of financing required. required by the programme for the
in the form of voluntary work.
voluntary work may constitute up to 100% of the co- project In exceptional cases, and subject to approval
financing required. by the FMC, in-kind contribution in the form of
voluntary work may constitute up to 100% of the co-
financing required.
6. The in-kind contribution referred to in paragraph 5 5.. The in-kind contribution referred to in paragraph 5 This first sentence of the paragraph is merged with the paragraph above.
may be provided only by the project promoter and/or may be provided only by the project promoter and/or
any NGO or social partner acting as project partner. any NGO or social partner acting as project partner.
The Programme Operator shall specify the appropriate The Programme Operator shall specify the appropriate
unit prices for voluntary work which shall be in unit prices for voluntary work which shall be in
accordance with salary normally paid for such work in accordance with salary normally paid for such work in
the Beneficiary State, including the required social the Beneficiary State, including the required social
security contributions. The prices may vary depending security contributions. The prices may vary depending
on region in which the work is performed or the type on region in which the work is performed or the type
of voluntary work, and may be adjusted during the of voluntary work, and may be adjusted during the
implementation of the Programme in order to take into implementation of the Programme in order to take into
account changes in salaries. account changes in salaries.
7. In case of projects under programmes falling under 6. In case of projects under programmes falling under
the programme area “Research”, in-kind contribution the programme area “Research”, in-kind contribution
in the form of labour may constitute up to 100% of the in the form of labour may constitute up to 100% of the
co-financing required for the project. The Programme co-financing required for the project. The Programme
Operator shall specify the appropriate unit prices for Operator shall specify the appropriate unit prices for
the labour which shall be in accordance with salary the labour which shall be in accordance with salary
normally paid for such labour in the Beneficiary State, normally paid for such labour in the Beneficiary State,
including the required social security contributions. including the required social security contributions.
The prices may vary depending on region in which the The prices may vary depending on region in which the
labour is performed or the type of labour, and may be labour is performed or the type of labour, and may be
adjusted during the implementation of the Programme adjusted during the implementation of the Programme
in order to take into account changes in salaries. in order to take into account changes in salaries.
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8. The amount of grant assistance applied for within a 7. The amount of grant assistance applied for within a In order to reduce complexity and allow for a programme specific approach,
programme shall normally not be less than programme shall be proposed in the Concept Note and it is proposed to remove all references to project size and foresee that this is
€ 1,000,000 and, without prejudice to paragraph 9, not specified in the Programme Agreement.normally not defined in the programme development phase.
less than € 200,000. be less than € 1,000,000. And, wiWithout prejudice to
paragraph 9, it shall not be less than € 200,000.
9. The Programme Operator may propose a lower
9. The Programme Operator may propose a lower Deleted as per changes to the above paragraph.
threshold in the following cases:
threshold in the following cases:
(a) programme areas “Education, Scholarships,
(a) programme areas “Education, Scholarships,
Apprenticeships and Youth Entrepreneurship”,
Apprenticeships and Youth Entrepreneurship”,
“Cultural Entrepreneurship, Cultural Heritage and
“Cultural Entrepreneurship, Cultural Heritage and
Cultural Cooperation”, “Civil Society” and “ Asylum
Cultural Cooperation”, “Civil Society” and “ Asylum
and Migration”;
and Migration”;
(b) small grants referred to in Article 6.6, fund for
(b) small grants referred to in Article 6.6, fund for
bilateral relations referred to in Article 4.6;
bilateral relations referred to in Article 4.6;
(c) scholarships; and
(c) scholarships; and
(d) projects targeting Roma inclusion.
(d) projects targeting Roma inclusion.
Article 6.5 Article 6.5
Selection of pre-defined projects Selection of pre-defined projects
1. In addition to any pre-defined project identified in 1. In addition to any pre-defined project identified in
the MoU, the Programme Operator may propose any the Memorandum of Understanding, the Programme
pre-defined projects to be implemented within Operator may propose any pre-defined projects to be
programmes. Pre-defined projects shall, where implemented within programmes. Pre-defined
possible, be identified in the concept note. projects shall, where possible, be identified in the
Concept Note.
2. The following information on the pre-defined 2. The following information on the pre-defined The text is adapted to reflect that less information on PDPs is mandatory at
projects shall be provided in the concept note: projects may be requested by the FMCshall be the CN stage but may be requested by the FMC.
provided in the concept note:
(a) background and justification for the project
including reference to relevant national priorities; (a) background and justification for the project
including reference to relevant national priorities;
(b) objective and expected outcome(s) of the project;
(b) objective and expected outcome(s) of the project;
(c) information on the Project Promoter and project
partner(s);
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(d) the results of feasibility studies when applicable; (c) information on the Project Promoter and project
partner(s);
(e) a timetable for implementing the project; and
(d) the results of feasibility studies, whereen
(f) budget outline showing the total planned financial
applicable;
resources and the planned contribution from the
EEA Financial Mechanism 2014-2021. (e) a timetable for implementing the project; and
(f) a budget outline showing the total planned
financial resources and the planned contribution
from the EEA Financial Mechanism 2014-
20212021-2028.
3. The Programme Operator shall, prior to signing a 3. The Programme Operator shall, prior to signing a The appraisal process has proven to be a bottleneck for the implementation
project contract for a pre-defined project, appraise the project contract for a pre-defined project,, appraise the in different Beneficiary States. Therefore, it is proposed to be deleted.
project in order to verify its quality and contribution to project in order to verify the project’sits quality and
the objectives of the Programme as well as compliance contribution to the objectives of the Programme as
with EU and national legislation. The National Focal well as compliance with the legal framework, EU and
Point shall notify the FMC of the positive appraisal of national legislation. The National Focal Point shall
pre-defined projects. notify the FMC of the positive appraisal of pre-defined
projects.
Article 6.6 Article 6.6
Small grant schemes within a programme Small grant schemes within a programme
1. The Programme Operator may in the concept note 1. The Programme Operator may in the concept note
suggest the establishment of one or more small grant suggest the establishment of one or more small grant
schemes within a programme. schemes within a programme.
2. The combined allocation to the small grant 2. The combined allocation to the small grant
scheme(s) shall not be more than 20 % of the eligible scheme(s) shall not be more than 20 % of the eligible
expenditure of the programme. expenditure of the programme.
3. The amount of grant assistance applied for within a 3. The amount of grant assistance applied for within a
small grant scheme shall not be less than € 5,000 and small grant scheme shall not be less than € 5,000 and
not more than € 200,000. Scholarships to natural not more than € 200,000. Scholarships to natural
persons may be for less than € 5,000. persons may be for less than € 5,000.
4. The small grant scheme(s) shall normally be 4. The small grant scheme(s) shall normally be
managed and implemented by the Programme managed and implemented by the Programme
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Operator. The Programme Operator may sub-contract Operator. The Programme Operator may sub-contract
to one or more public or private entities, commercial to one or more public or private entities, commercial
or non-commercial, as well as non-governmental or non-commercial, as well as non-governmental
organisations, the management and implementation of organisations, the management and implementation of
small grant schemes. The sub-contracted entity shall small grant schemes. The sub-contracted entity shall
have strong ties to the sector within which the have strong ties to the sector within which the
programme belongs. Such sub-contracting shall be programme belongs. Such sub-contracting shall be
without prejudice to the responsibility of the without prejudice to the responsibility of the
Programme Operator for the programme. The Programme Operator for the programme. The
management costs of a small grant scheme shall be management costs of a small grant scheme shall be
counted as part of the management costs of the counted as part of the management costs of the
Programme Operator in respect of the ceiling referred Programme Operator in respect of the ceiling referred
to in paragraph 2 of Article 8.10. to in paragraph 2 of Article 8.10.
5. In cases where the Programme Operator sub- 5. In cases where the Programme Operator sub-
contracts the management and implementation of a contracts the management and implementation of a
small grant scheme, the selection of the small grant small grant scheme, the selection of the small grant
scheme operator by the Programme Operator shall be scheme operator by the Programme Operator shall be
made in compliance with public procurement rules. made in compliance with public procurement rules.
The small grant scheme operator shall provide The small grant scheme operator shall provide
guarantees of its solvency and competence in the guarantees of its solvency and competence in the
domain concerned as well as in administrative and domain concerned as well as in administrative and
financial management. financial management.
6. The provisions of this Regulation applicable to the 6. The provisions of this Regulation applicable to the
Programme Operator shall be applicable mutatis Programme Operator shall be applicable mutatis
mutandis to the small grant scheme operator, with the mutandis to the small grant scheme operator, with the
exception that reports of the latter shall be exception that reports of the latter shall be
incorporated into the reporting structures of the incorporated into the reporting structures of the
Programme Operator. Programme Operator.
Article 6.7 Article 6.7
Financial Instruments Financial Instruments
1. With the agreement of th20e FMC, financial 1. With the agreement of the FMC, financial
instruments may be used to contribute to the instruments may be used to contribute to the
achievement of the specific objectives of a achievement of the specific objectives of a
Programme, to support activities which are expected Programme, to support activities which are expected
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to be financially viable but do not give rise to sufficient to be financially viable but do not give rise to sufficient
funding from market sources. funding from market sources.
2. Support of financial instruments shall be based on 2. Support of financial instruments shall be based on
an ex ante assessment which has established evidence an ex ante assessment which has established evidence
of market failures or suboptimal investment situations, of market failures or suboptimal investment situations,
and the estimated level and scope of public investment and the estimated level and scope of public investment
needs, including types of financial instruments to be needs, including types of financial instruments to be
supported. Financial instruments should be provided supported. Financial instruments should be provided
through structures set up at national, regional, through structures set up at national, regional,
transnational or cross-border level. transnational or cross-border level.
3. Where financial instruments are used, the provisions 3. Where financial instruments are used, the provisions
of this Regulation and primarily those relating to the of this Regulation and primarily those relating to the
selection of projects and eligibility of expenditure, selection of projects and eligibility of expenditure,
may not apply. Any proposal to use financial may not apply. Any proposal to use financial
instruments shall be identified in the concept note. All instruments shall be identified in the concept note. All
relevant modalities describing the implementation of relevant modalities describing the implementation of
financial instruments shall be specified in the financial instruments shall be specified in the
programme agreement. programme agreement.
Article 6.8 Article 6.6
Programme implementation agreement Programme implementation
agreementImplementation of the Programme
1. For each approved programme a programme 1. For each approved programme a programme The requirement to have a programme implementation agreement is deleted.
implementation agreement shall be concluded implementation agreement shall be concluded However, an alternative provision is inserted to make sure that the
between the National Focal Point and the Programme between the National Focal Point and the Programme programme agreement between the Donors and the NFP is implemented by
Operator. Operator shall ensure that the implementation of the the PO and the applicable legal framework is respected.
programme by the Programme Operator is in line with
the Programme Agreement.
2. In cases where a programme implementation 2. In cases where a programme implementation
agreement cannot, due to provisions in the national agreement cannot, due to provisions in the national
legislation, be made between the National Focal Point legislation, be made between the National Focal Point
and the Programme Operator, the Beneficiary State and the Programme Operator, the Beneficiary State
may instead issue a legislative or administrative act of may instead issue a legislative or administrative act of
similar effect and content. similar effect and content.
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3. The programme implementation agreement shall set 3. The programme implementation agreement shall set
out the terms and conditions of the operation of the out the terms and conditions of the operation of the
programme as well as the roles and responsibilities of programme as well as the roles and responsibilities of
the parties. It shall in particular include provisions that the parties. It shall in particular include provisions that
ensure that the Programme Operator undertakes to ensure that the Programme Operator undertakes to
comply fully with the provisions of the legal comply fully with the provisions of the legal
framework of the EEA Financial Mechanism 2014- framework of the EEA Financial Mechanism 2014-
2021 referred to in Article 1.5 that are relevant for the 20212021-2028 referred to in Article 1.5 that are
operation of the programme, including any obligations relevant for the operation of the programme, including
that are valid after the programme has been completed. any obligations that are valid after the Pprogramme
The programme implementation agreement shall has been completed. The programme implementation
contain an explicit reference to the programme agreement shall contain an explicit reference to the
agreement and this Regulation and, as a minimum, Pprogramme Aagreement and this Regulation and, as
provisions on the following: a minimum, provisions on the following:
(a) obligations regarding reporting that enables the obligations regarding reporting that enables the
National Focal Point to comply with its reporting National Focal Point to comply with its reporting
obligations to the FMC; obligations to the FMC;
obligations related to the Programme Operator’s
(b) obligations related to the Programme Operator’s
reporting obligations to the FMC and the Certifying
reporting obligations to the FMC and the Authority and its duty to provide documents upon
Certifying Authority and its duty to provide request;
documents upon request;
the maximum amount of the programme grant and its
(c) the maximum amount of the programme grant and breakdown between the items listed in Article 8.1;
its breakdown between the items listed in Article the eligibility of expenditures;
8.1;
(a) the first and final dates of eligibility of
(d) the eligibility of expenditures; expenditures;
(e) the first and final dates of eligibility of (b) modifications of the Pprogramme;
expenditures;
(c) ensuring that the access requested in relation to
(f) modifications of the programme; monitoring, audits and evaluations is provided
(g) ensuring that the access requested in relation to without delay;
monitoring, audits and evaluations is provided (d) ensuring that obligations regarding information
without delay; and communication are complied with;
(e) the right of the National Focal Point to suspend
payments and request reimbursement from the
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(h) ensuring that obligations regarding information Programme Operator in case decision on such
and communication are complied with; actions is taken by the FMC or the National Focal
Point;
(i) the right of the National Focal Point to suspend
payments and request reimbursement from the (f) that termination of the Pprogramme Aagreement
Programme Operator in case decision on such referred to in Article 6.3.3 may result in a
actions is taken by the FMC or the National Focal termination of the programme implementation
Point; agreement; and
(j) that termination of the programme agreement a reference to programme partnerships, if
referred to in Article 6.3 may result in a relevant.
termination of the programme implementation
agreement; and
(k) a reference to programme partnerships, if
relevant.
4. The National Focal Point shall warrant that the 2. The National Focal Point shall warrant that the
obligations of the Programme Operator under the obligations of the Programme Operator under arising
programme implementation agreement are valid and from the Pprogramme implementation Aagreement
enforceable under the applicable national law of the are valid and enforceable under the applicable national
Beneficiary State. In case of any inconsistency law of the Beneficiary State. In case of any
between the programme implementation agreement inconsistency between any national rules and
and the legal framework of the EEA Financial procedures necessary for the implementation of the
Mechanism 2014-2021 as defined in Article 1.5 of this programme the programme implementation
Regulation, the latter shall prevail. agreement and the legal framework of the EEA
Financial Mechanism 2014-20212021-2028 as
defined in Article 1.5 of this Regulation, the latter shall
prevail.
5. Before any payment is made to the Programme, the 5. Before any payment is made to the Programme, the
National Focal Point shall notify the FMC of the National Focal Point shall notify the FMC of the
signature of the programme implementation signature of the programme implementation
agreement. This paragraph shall not apply to payments agreement. This paragraph shall not apply to payments
in accordance with paragraph 4 of Article 4.6 and in accordance with paragraph 4 of Article 4.6.5 and
extraordinary advance payments in respect of costs extraordinary advance payments in respect of costs
related to the preparation of programmes approved by related to the preparation of programmes approved by
the FMC, in accordance with paragraph 8 of Article the FMC, in accordance with paragraph 8 of Article
8.10. 8.10.8.
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Article 6.9 Article 6.7
Modification of programmes Modification of programmes
1. Unless otherwise explicitly stipulated in the 1. Unless otherwise explicitly stipulated in the
programme agreement, any modification of the Pprogramme Aagreement, any modification of the
programme is subject to prior approval by the FMC. Pprogramme is subject to prior approval by the FMC.
2. Programmes may be modified, in particular in one 2. Programmes may be modified, in particular in one As the list is providing examples, and is not exhaustive, there seems to be
or more of the following cases: or more of the following cases: limited added value of having this list.
(a) in order to respond to unforeseen events in the (f) in order to respond to unforeseen events in the
Beneficiary States; Beneficiary States;
(b) in order to take into account the conclusions of the (g) in order to take into account the conclusions of the
review of the implementation framework at an review of the implementation framework at an
annual meeting; annual meeting;
(c) in order to take into account conclusions from an (h) in order to take into account conclusions from an
evaluation referred to in Chapter 10; evaluation referred to in Chapter 10;
(d) when changes are necessary to enhance the (i) when changes are necessary to enhance the
impact of the programme; or impact of the programme; or
(e) in order to mitigate risks and/or implementation in order to mitigate risks and/or implementation
difficulties. difficulties.
3. The Programme Operator shall describe and justify 2. The Programme Operator shall describe and justify
the modification, as well as the likely impact on the the modification, including the as well as the likely
financial figures, risk assessment, outputs and impact on the financial figures and the expected effect
outcomes of the programme. The National Focal Point on, risks assessment, outputs and outcomes of the
shall provide its provisional approval to the Pprogramme. The National Focal Point shall provide
modification proposal. its provisional approval to the modification proposal.
4. The FMC shall assess the proposed modification 3. The FMC shall assess the proposed modification
and provide a formal response no later than two and provide a formal response not later than two
months following the receipt of all relevant documents months following the receipt of all relevant documents
and necessary information. and necessary information. Consistency with the
values and principles referred to in Article 1.3 shall
form part of the assessment of the FMC.
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5. The modification shall be formalised through an 4. The modification shall be formalised through an
amendment of the programme agreement referred to in amendment of the Pprogramme Aagreement referred
Article 6.3, where necessary. to in Article 6.3.3, where necessary.
6. Should a modification of a programme result in a 5. Should a modification of a programme result in a A phrase has been added to make it clear that BF/TA are not considered
reduction of the programme grant, the National Focal reduction of the programme grant, the National Focal programmes for this purpose and that reallocations to TA/BF can be done
Point may allocate the amount that becomes available Point may allocate the amount that becomes available after this date.
to other approved programmes within the Beneficiary to other approved programmes within the Beneficiary
State, the fund for bilateral relations and/or Technical State, the funds for bilateral relations and/or
Assistance. A prior approval of the FMC and of the tTechnical aAssistance. A prior approval of the FMC
Programme Operator of the programme receiving the and of the Programme Operator of the Pprogramme
funds shall be required. The modification shall be in receiving the funds shall be required. The modification
compliance with the MoU. Any such allocation to shall be in compliance with the Memorandum of
programmes must be completed and formalised no Understanding. Any such allocation to programmes
later than 30 April 2023. must be completed and formalised not later than 30
April 20232030. This deadline does not apply to
allocations to the funds for bilateral relations and/or
technical assistance.
Article 6.10 Article 6.10
Screening by the European Commission Screening by the European Commission
On explicit request from the Donor States or the On explicit request from the Donor States or the This article has been deleted as this no longer appears in the Protocol.
Beneficiary State, the European Commission shall Beneficiary State, the European Commission shall (Previously Art. 10.3a).
undertake a screening of the concept note for a specific undertake a screening of the concept note for a specific
programme before its adoption, to ensure programme before its adoption, to ensure
compatibility with the European Union’s cohesion compatibility with the European Union’s cohesion
policy. policy.
Article 6.11 Article 6.11
Annual programme report Annual programme report
1. The Programme Operator shall submit an annual 1. The Programme Operator shall submit an annual The APR is proposed to be merged with the Strategic Report to form a new
programme report to the FMC and the National Focal programme report to the FMC and the National Focal Country Report. This article is therefore deleted.
Point using a template provided by the FMC. The main Point using a template provided by the FMC. The main
purpose of the report is: purpose of the report is:
(a) to provide key information on implementation of (a) to provide key information on implementation of
the programme including the achieved outputs and the programme including the achieved outputs and
outcomes and their link to the programme objective, outcomes and their link to the programme objective,
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the overall objectives of the EEA Financial the overall objectives of the EEA Financial
Mechanism 2014-2021, and Article 1.3, as relevant; Mechanism 2014-2021, and Article 1.3, as relevant;
(b) to identify any issues which affect the (b) to identify any issues which affect the
implementation of the programme and the measures implementation of the programme and the measures
taken to address them, a risk assessment and planned taken to address them, a risk assessment and planned
mitigating actions. mitigating actions.
2. The reporting periods for the annual programme 2. The reporting periods for the annual programme
reports shall be the calendar year. The report shall be reports shall be the calendar year. The report shall be
submitted not later than 15 February each year. The submitted not later than 15 February each year. The
first annual reports for programmes approved by the first annual reports for programmes approved by the
FMC in the first half of the year shall be submitted in FMC in the first half of the year shall be submitted in
the following year; first annual reports from other the following year; first annual reports from other
programme shall be submitted in the second year programme shall be submitted in the second year
following their approval. following their approval.
3. The FMC shall inform the National Focal Point and 3. The FMC shall inform the National Focal Point and
the Programme Operator of its opinion on the annual the Programme Operator of its opinion on the annual
programme report within two months of the date of programme report within two months of the date of
receipt. If the FMC does not respond within the time receipt. If the FMC does not respond within the time
limit laid down, the report shall be considered to have limit laid down, the report shall be considered to have
been accepted. been accepted.
Article 6.12 Article 6.8
Final programme report Final Pprogramme Rreport
1. The Programme Operator shall, through the 1. The Programme Operator shall, through the
Certifying Authority, submit a final programme Certifying Authority, submit a Ffinal Pprogramme
report to the FMC and the National Focal Point Rreport to the FMC and the National Focal Point using
using a template provided by the FMC. The main a template provided by the FMC. The main purpose of
purpose of the report is to provide: the report is to provide:
(a) an assessment of the programme’s contribution to (a) an assessment of the programme’s contribution to
the overall objectives of the EEA Financial the overall objectives of the EEA Financial
Mechanism 2014-2021, the objective and Mechanism 2014-20212021-2028, the objective
outcome(s) of the programme as well as Article and outcome(s) of the Pprogramme as well as the
1.3, as relevant ; values and principles referred to in Article 1.3, as
relevant ;
(b) synthesis of findings of relevant evaluations;
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(c) an overall assessment of the implementation of (b) synthesis of findings of relevant evaluations;
the programme, including comparison to the plans
(c) an overall assessment of the implementation of
set out in the programme and any lessons learned;
the Pprogramme, including comparison to the
(d) overview of irregularities and measures taken to plans set out in the Pprogramme and any lessons
(d) is not deemed necessary, as it appears in FMO reports and is publicly
remedy these; learned;
available.
(e) specific details in respect of meeting and/or (d) overview of irregularities and measures taken to
adapting financial plans; and remedy these;
(f) financial information, including a calculation of (e)(d) specific details in respect of meeting and/or
the final balance referred to in Article 9.4. adapting financial plans; and
(f)(e) financial information, including a calculation
of the final balance referred to in Article 9.4.
2. The final programme report shall be forwarded to 2. The Ffinal Pprogramme Rreport shall be forwarded The deadline for submitting the final programme report is aligned with the
the FMC by the Certifying Authority, which shall to the FMC by the Certifying Authority, which shall final date of eligibility for programme management costs.
certify the financial annex to the report in accordance certify the financial annex to the report in accordance
with Article 5.4, not later than four months after the with Article 5.4, not later than 30 April 2032four
final date of eligibility of programme management months after the final date of eligibility of programme
costs. management costs.
3. The FMC shall review the final programme report 3. The FMC shall review the Ffinal Pprogramme
in order to determine whether it fulfils its formal and Rreport in order to determine whether it fulfils its
substantive requirements. The FMC shall approve the formal and substantive requirements. The FMC shall
report no later than two months following the receipt approve the report not later than two months following
of the report and all relevant documents and necessary the receipt of the report and all relevant documents and
information. necessary information.
4. The approved final programme reports, including 4. The approved Ffinal Pprogramme Rreports,
the summary for the general public shall be published including the summary for the general public shall be
on the website of the National Focal Point within one published on the website of the National Focal Point
month from the approval of the report by the FMC. within one month from the approval of the report by
the FMC.
Article 6.13 Article 6.9
Programmes operated by the FMO, inter- Programmes operated by the FMO, inter-
governmental organisations or Donor State governmental organisations or Donor State
entities entities
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Deleted since there will be a global fund for civil society (see Article 2.4)
1. Unless otherwise agreed in the MoU, the FMO shall 1. Unless otherwise agreed in the MoU, the FMO shall
be responsible for the operations of programmes be responsible for the operations of programmes
falling under the programme area “Civil Society”. falling under the programme area “Civil Society”.
2. The National Focal Point, with the consent of the 1. The Donor States and the Beneficiary State The Amended in line with practice; the option of entrusting inter-governmental
FMC, may entrust the operations of a programme to National Focal Point, with the consent of the FMC, organisations of Donor state entities has not been used under the current
the FMO, inter-governmental organisations or Donor may in the Memorandum of Understanding entrust the FM.
State entities. operations of a programme or a specific allocation to
Reference added to “a specific allocation”, to cover the Civil Society Fund.
the FMO, inter-governmental organisations or Donor
State entities.
3. In cases referred to in paragraphs 1 and 2, the 2. In cases referred to in paragraphs 1 and 2, the
provisions of this Regulation do not apply. The provisions of this Regulation do not apply. The
Programme Operator shall apply specific rules in this Programme OperatorFMO shall apply specific rules in
regard, which shall to the extent possible follow the this regard, which shall to the extent possible follow
provisions of this Regulation and in all cases ensure the provisions of this Regulation and in all cases
implementation in line with the principles stated in ensure implementation in line with the values and
Article 1.3. principles stated in Article 1.3.
4. When the FMO acts as a Programme Operator, the 3. In cases referred to in paragraph 1When the FMO
implementation of the programme shall normally be acts as a Programme Operator, the implementation of
performed by a fund operator, appointed and the Pprogramme shall normally be performed by a
contracted by the FMO. The roles and responsibilities Ffund Ooperator, appointed and contracted by the
of the FMO and the fund operator shall be governed FMO. The roles and responsibilities of the FMO and
by an implementation agreement between the FMO the Ffund Ooperator shall be governed by an
and the fund operator. The implementation agreement implementation agreement between the FMO and the
shall contain provisions on reporting to the National Ffund Ooperator. The implementation agreement shall
Focal Point. contain provisions on reporting to the National Focal
Point.
5. When the operation of a programme has been 5. When the operation of a programme has been
entrusted to an inter-governmental organisation or a entrusted to an inter-governmental organisation or a
Donor State entity, its roles and responsibilities shall Donor State entity, its roles and responsibilities shall
be governed by a programme implementation be governed by a programme implementation
agreement between the FMC and the Programme agreement between the FMC and the Programme
Operator. Operator.
6. The funds for regranting within a programme 4. The funds for implementing regranting within a
referred to in this article as well as the costs of the programme referred to in this Aarticle, including as
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Programmes
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Programme Operator and/or the fund operator shall be well as the costs of the Programme Operator and/or the
covered by the financial contribution to the respective Ffund Ooperator, shall be covered by the financial
Beneficiary State. contribution to the respective Beneficiary State.
7. When a programme is being operated by the FMO, 5. When a programme is being operated by the FMO,
an inter-governmental organisation or a Donor State an inter-governmental organisation or a Donor State
entity according to this article, the Beneficiary State entity according to this Aarticle, the Beneficiary State
bears no responsibility for the implementation of the bears no responsibility for the implementation of the
programme, financially or otherwise, except as Pprogramme, financially or otherwise, except as
provided for in paragraph 6. provided for in paragraph 46.
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Selection of projects
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Chapter 7 Chapter 7
Selection of projects Selection of projects
Article 7.1 Article 7.1
Modes of selection Modes of selection
1. Projects shall be selected through calls for proposals 1. Projects shall be selected through calls for proposals
organised in accordance with this Chapter. organised in accordance with this Chapter.
2. By way of derogation from paragraph 1, pre-defined 2. By way of derogation from paragraph 1, pre-defined
projects may be identified without a call for proposals. projects may be identified without a call for proposals.
Such projects shall be identified in accordance with Such projects shall be identified in accordance with
paragraph 2(b)(vi) of Article 2.5 and Article 6.5. paragraph 2(b)(vi) of Article 2.5 and Article 6.5.
Information on such projects shall be provided in the Information on such projects shall be provided in the
concept note in accordance with Article 6.5. Concept Note in accordance with Article 6.5.
Article 7.2 Article 7.2
Eligibility of Project Promoters and project Eligibility of Project Promoters and project
partners. partners.
1. Any entity, public or private, commercial or non- 1. Any entity, public or private, commercial or non-
commercial and non-governmental organisations, commercial and non-governmental organisations,
established as a legal person in the respective established as a legal person in the respective
Beneficiary State are considered eligible project Beneficiary State are considered eligible project
promoters. Where explicitly stipulated in the promoters. Where explicitly stipulated in the
programme agreement, international organisations or Pprogramme Aagreement, international organisations
bodies or agencies thereof, may be eligible project or bodies or agencies thereof, may be eligible project
promoters. promoters.
2. Any public or private entity, commercial or non- 2. Any public or private entity, commercial or non-
commercial, as well as non-governmental commercial, as well as non-governmental
organisations established as a legal person either in the organisations established as a legal person either in the
Donor States, Beneficiary States or a country outside Donor States, Beneficiary States or a country outside
the European Economic Area that has a common the European Economic Area that has a common
border with the respective Beneficiary State, or any border with the respective Beneficiary State, or any
international organisation or body or agency thereof, international organisation or body or agency thereof,
actively involved in, and effectively contributing to, actively involved in, and effectively contributing to,
the implementation of a project, are considered the implementation of a project, are considered
eligible project partners. eligible project partners.
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3. Natural persons who are legal residents of the Donor 3. Natural persons who are legal residents of the Donor
States or of the respective Beneficiary State are States or of the respective Beneficiary State are
eligible project promoters and eligible project partners eligible project promoters and eligible project partners
under the programme areas “Education, Scholarships, under the programme areas “Education Training and
Apprenticeships and Youth Entrepreneurship” and Youth Employment” and “Culture”Education,
“Cultural Entrepreneurship, Cultural Heritage and Scholarships, Apprenticeships and Youth
Cultural Cooperation”, and scholarship components Entrepreneurship” and “Cultural Entrepreneurship,
under any programme . Cultural Heritage and Cultural Cooperation”, and
scholarship mobility components under any
programme .
4. Taking into account the overall objectives of the 4. Taking into account the overall objectives of the
EEA Financial Mechanism 2014-2021 and of the EEA Financial Mechanism 2014-2021 and of the
programme, and with the aim of ensuring targeted programme, and with the aim of ensuring targeted
implementation, limitations to the eligibility of Project implementation, Any limitations to the eligibility of
Promoters and project partners may, if approved by the Project Promoters and project partners shallmay, if
FMC, be explicitly stipulated in the programme approved by the FMC, be explicitly stipulated in the
agreement. Pprogramme Aagreement.
Article 7.3 Article 7.3
Calls for proposals Calls for proposals
1. Calls for proposals shall be organised by the 1. Calls for proposals shall be organised by the The text is amended to reflect the ability of the FMC (task delegated to the
Programme Operator. Their content, form and Programme Operator and developed in consultation FMO) to verify whether the calls are in line with the objective/approach
publication shall be in accordance with the programme with the FMC and the Donor Programme agreed in the Concept Note and with the minimum requirements referred to
agreement and this Regulation. Partner(s)/IPO(s), where relevant. The FMC may in paragraph 2.
provide comments that shall be taken into account by
The role of the FMC/FMO includes making comments, but not approving
the National Focal Point and the Programme Operator.
the calls.
The content, form and publication of the calls for
proposals shall be based on the Concept Note and be
in accordance with the Programme Agreement and this
Regulation. A call for proposals template shall be
provided by the FMC.
2. Calls for proposals shall as a minimum comply with 2. Calls for proposals shall as a minimum comply with
the following: the following:
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(a) they shall be widely publicised with a view to (a) contain a clear description of their specific
reach all potential applicants. All appropriate objectives and expected results;
media, at national, regional and local levels, as
(a) they shall be widely publicised with a view to
well as specialised publications and web based
reach all potential applicants. All appropriate
tools, shall be used as relevant. Any limitation on The provision on publication is moved towards the end of the list.
media, at national, regional and local levels, as
the publication shall be set out in the programme
well as specialised publications and web based
agreement;
tools, shall be used as relevant. Any limitation on
(b) they shall include a clear and reasonable deadline, the publication shall be set out in the Programme
which shall be at least two months from the date Agreement;
of the publication of the announcement, and an
address for submission. The announcement shall
specify the hour when the call expires, whether the (b) they shall include a clear and reasonable deadline,
The proposal is to extend the (standard) deadline to three months to provide
deadline refers to a post stamp or actual delivery which shall be at least twothree months from the
more time for applicants to prepare the applications and to establish
time to the office of the Programme Operator and date of the publication of the announcement or any partnerships, in particular donor partner partnerships which may be more
the permissible method(s) of delivery. The other deadline agreed in the Programme challenging and complex to prepare.
announcement must specify whether one or more Agreement, and an address for submission. The
copies of the application are required; announcement shall specify the timehour when
the call expires, whether the actions necessary to
(c) they shall clearly specify the eligible Project
meet the deadline refers to, a post stamp or actual
Promoters and partners and any restrictions,
delivery time to the office of the Programme
limitations or exclusions that they may be subject
Operator and the permissible method(s) of
to;
delivery. The announcement must specify
(d) they shall contain detailed selection criteria as whether one or more copies of the application are
well as a scoring chart; required;
(e) they shall clearly address what kind of activities (c) they shall clearly specify the eligible Project
and expenditure are eligible, including any Promoters and partners and any restrictions,
restrictions to unit costs mentioned in Article 8.4; limitations or exclusions that they may be subject
to;
(f) they shall provide a description of the selection
process and the decision-making structure; (d) they shall contain detailed selection criteria as
well as a scoring chart;
(g) they shall provide a clear reference or a link to the
application form and user guide; (e) they shall clearly address what kind of activities
and expenditure are eligible, including any
(h) they shall clearly state the total amount available
through the call, as well as the minimum and
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 85
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maximum amount of each project grant applied limitationsrestrictions to unit costs mentioned in
for; Article 8.4;
(i) they shall contain provisions on the payment (f) they shall provide a description of the selection
model; process and the decision-making structure;
(j) they shall clearly state the co-financing (g) they shall provide a clear reference or a link to the
requirements; application form and user guide;
(k) they shall require the disclosure of any consultant (h) they shall clearly state the total amount available
involved in the preparation of the project through the call, as well as the minimum and
application; maximum amount of each project grant applied
for;
(l) they shall provide clear references to further
information, including a reference to this (i) they shall contain provisions on the payment
Regulation and relevant guidelines adopted by the model;
FMC as well as other documentation prepared by
(j) they shall clearly state the co-financing
the Programme Operator that is relevant to the
requirements;
call; and
(k) they shall require the disclosure of any consultant
(m) they shall provide contact information for queries
involved in the preparation of the project
and the timeframe for answering such queries.
application;
(l) they shall provide clear references to further
information, including a reference to this
Regulation and relevant guidelines adopted by the
FMC as well as other documentation prepared by
the Programme Operator that is relevant to the
call; and
(m) they shall provide contact information for queries
and the timeframe for answering such queries; and
(l)(n) be widely publicised with a view to reach all
potential applicants. All appropriate media at Moved from above (point a).
national, regional and local levels, as well as
specialised publications and web-based tools,
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shall be used as relevant. Any limitation on the
publication shall be set out in the Programme
Agreement.
3. The call shall be published on the website of the 3. The call shall be published on the website of the
Programme Operator in the national language(s) and Programme Operator in the national language(s) and
in English. in English and notified to the FMC.
4. The National Focal Point shall warrant that the call 4. The National Focal Point shall warrant that the call
for proposals fully complies with the legal framework for proposals fully complies with the legal framework
of the EEA Financial Mechanism 2014-2021 as of the EEA Financial Mechanism 2014-20212021-
defined in Article 1.5 of the Regulation. 2028 as defined in Article 1.5 of the Regulation.
5. The FMC shall be informed of all calls for proposals 5. The FMC shall be informedconsulted of all calls for This paragraph is deleted in light of what is added in paragraph 1.
at least two weeks in advance of their announcement, proposals at least twothree weeks in advance of their
and, at the same time, be provided with an English planned announcement, and, at the same time, be
translation of the text of each call. provided with an English translation of the text of each
call.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 87
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Selection of projects
Current text New text (with track changes) Comments
Article 7.4 More detailed provisions on the selection process are included in this and
Selection Committee the following articles. For calls for smaller projects, a simplified procedure
based on compliance with general principles would apply (see draft Article
7.7).
1. The Programme Operator shall establish a Selection
Committee that shall recommend the projects to be
funded within the programme. The Selection
Committee shall consist of at least three persons
possessing the relevant expertise. At least one of them
shall be a Selection Committee member external to the
Programme Operator, Donor Programme Partner(s)
and/or IPO(s).
2. Unless otherwise specified in the Programme The text reflects a more important role for DPPs/IPOs. Members is
Agreement, the Donor Programme Partner(s) and/or understood as voting members. The main rule would be for DPPs/IPOs to
the IPO(s) shall be members of the Selection be voting members in the Selection Committee. The “opt-out’ clause is there
Committee. The FMC and the National Focal Point to allow DPPs/IPOs to avoid taking up this responsibility if they don’t want
shall be invited to participate in the Selection to.
Committee as observers.
3. The Programme Operator shall provide The FMC may obtain the minutes of CC meetings upon request, on the basis
interpretation assistance during the selection process, of Article 7.6.7.
when necessary. The Selection Committee shall keep
minutes of its meetings. The FMC shall be provided
with the minutes in English no later than two weeks
after the meeting.
Article 7.5
General principles and rules for the selection of
projects
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Current text New text (with track changes) Comments
1. The Programme Operator shall be responsible for Text based on the Article 7.4.1. of the current Regulation.
project selection and the award of grants. The
Evaluation has been replaced by selection, as evaluation has a specific
principles of good governance, transparency, equality,
(other) meaning within the context of the Grants.
efficiency and zero tolerance towards corruption shall
be applied.
2. The Programme Operator shall take every Moved from current Art.7.5.2. Regulation FM 14-21. A definition of the
reasonable measure to prevent a conflict of interest term “conflict of interest” is included in Article 1.6(d).
situation from occurring in the context of project
selection. If a conflict of interest situation nevertheless
occurs, the Programme Operator shall take all the
necessary measures to prevent that such a situation
affects the integrity of the selection process.
3. Only applicants that respect the values and
principles referred to in paragraph 1 of Article 1.3
shall be eligible project promoters and partners.
4. Selection procedures shall ensure that the persons
carrying out the initial assessment of project
applications are not responsible for the final decision
on the selection of projects to be funded.
5. The Programme Agreement may include specific
provisions with respect to the selection process.
6. The Programme Operator shall document
assessment and decisions made during the selection
procedure and store all documents related to the
selection procedures for at least three years following
the approval of the final programme report by the
FMC.
Article 7.6.
Selection procedures
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1. The Programme Operator shall review the
applications against the administrative and eligibility
criteria, including any exclusion criteria. The
applicants whose applications are rejected at this stage
shall be informed and given a reasonable time to
appeal that decision.
2. Each application that meets the administrative and
eligibility criteria shall be reviewed against the
selection criteria by at least two impartial experts
appointed by the Programme Operator. At least one of
the experts shall be independent of the Programme
Operator and the Selection Committee. Costs related
to experts shall be covered from the management cost
of the Programme Operator.
3. The experts shall separately score the project
according to the selection criteria published with the
call for proposals. For the purposes of ranking the
projects, the average of the scores awarded by the
experts shall be used. The Programme Operator shall
define the procedure to be followed in case of
significant divergence in the scores given by the two
experts.
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Selection of projects
Current text New text (with track changes) Comments
4. The Programme Operator shall provide the New: The PO shall not just provide the list, but also a summary of the
Selection Committee members and observers with the experts’ assessment to the Selection Committee.
list of project applications ranked in accordance with
paragraph 3 – and the summary of the experts’
assessment, in English.
The Selection Committee shall review the ranked list
of project applications. The Selection Committee
shall, where applicable, consult the Donor Programme
Partner(s) and take into account their
recommendations regarding any donor project
partners included in the project applications.
The Selection Committee may modify the ranking of
the projects in justified cases. The justification for the
modifications shall be detailed in the minutes of the
meeting of the Selection Committee. The Selection
Committee shall submit the approved list of
recommended projects to the Programme Operator.
5. The Programme Operator shall verify that the Based on current 7.4.2., on the previous Art.6.5.6. of the Regulation FM 09-
selection process has been conducted in accordance 14 and on Best practice on project selection procedures.
with the Regulation and that the recommendations
from the Selection Committee comply with the rules
and objectives of the programme. Following such
verification the Programme Operator shall, based on
the recommendations of the Selection Committee,
make a decision on which projects shall be supported.
If the Programme Operator modifies the
recommendations of the Selection Committee, it shall
inform the Selection Committee, the FMC, the NFP
and the applicants affected and provide them with a
justification.
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6. The Programme Operator shall notify the applicants
about the results of the selection process within a
reasonable time and publicise the results.
7. The Programme Operator shall provide the FMC
with the list of selected projects no later than two
weeks after the decision on the grant awards of grants.
The FMC shall be provided with any relevant
documents in English upon request.
Article 7.7
Selection procedure for calls for proposals with a
maximum grant amount per project of € 25,000
1. For calls for proposals with a maximum grant
amount per project of € 25,000, the Programme
Operator may apply a simplified selection procedure
that complies with the principles described in Article
7.5.
2. The Programme Operator shall, where applicable,
consult the Donor Programme Partner(s) and take
into account their recommendations regarding any
Donor project partners included in project
applications.
Article 7.8
Award of additional grants to already approved
projects
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1. Decisions to award additional grants to already
approved projects shall be taken by the Programme
Operator. Any such decision shall be taken in line with
the principles described in Article 7.5.
2. The Programme Operator shall apply transparent
and objective criteria when making such decisions and
shall communicate these criteria to project promoters
in advance, together with a clear deadline for
application.
Article 7.4 Article 7.4
Project evaluation and award of grants Project evaluation assessment and award of
grants
1. The Programme Operator shall be responsible for 1. The Programme Operator shall be responsible for Moved to new Art. 7.5.1.
project evaluation and the award of grants. The project evaluation and the award of grants. The
principles of good governance, transparency, equality, principles of good governance, transparency, equality,
efficiency and zero tolerance towards corruption shall efficiency and zero tolerance towards corruption shall
be applied. be applied.
2. The Programme Operator shall verify that the 2. The Programme Operator shall verify that the Moved to new Art. 7.6.5.
selection process has been conducted in accordance selection process has been conducted in accordance
with the Regulation and that grant award decisions with the Regulation and that grant award decisions
comply with the rules and objectives of the comply with the rules and objectives of the
Programme. Following such verification, the Programme. Following such verification, the
Programme Operator shall make a decision on which Programme Operator shall make a decision on which
projects shall be supported. projects shall be supported.
3. The Donor Programme Partner(s) and/or the IPO(s), 3. The Donor Programme Partner(s) and/or the IPO(s), Moved to new Art. 7.4.2.
as applicable, shall be invited to participate in the as applicable, shall be invited to participate in the
selection process. The FMC and the National Focal selection process. The FMC and the National Focal
Point shall be invited to participate in the selection Point shall be invited to participate in the selection
procedure as observers. The FMC and the programme procedure as observers. The FMC and the programme
partner(s) shall be provided with the relevant partner(s) shall be provided with the relevant
documents in English. documents in English.
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4. The Programme Operator shall provide 4. The Programme Operator shall provide Moved to new Art. 7.4.3.
interpretation assistance during the selection process interpretation assistance during the selection process
when necessary. when necessary.
5. In calls for proposals dedicated exclusively to donor 5. In calls for proposals dedicated exclusively to donor The selection procedures are described in the Articles above.
partnership projects, the selection procedures shall be partnership projects, the selection procedures shall be
agreed with the Donor Programme Partner. The agreed with the Donor Programme Partner. The
working language, as well as the language of project working language, as well as the language of project
applications and other relevant documents, shall be applications and other relevant documents, shall be
English. English.
6. The Programme Operator shall provide the FMC 6. The Programme Operator shall provide the FMC Moved to new Art. 7.6.7.
with the list of selected projects no later than two with the list of selected projects no later than two
weeks after the decision on the award of grants. The weeks after the decision on the award of grants. The
FMC shall be provided with any relevant documents FMC shall be provided with any relevant documents
in English upon request. in English upon request.
7. The programme agreement may include specific 7. The programme agreement may include specific Included in Art.7.5.5.
provisions with respect to the selection process. provisions with respect to the selection process.
8. This Article shall apply mutatis mutandis to 8. This Article shall apply mutatis mutandis to Moved to new Art. 7.8 + clarification of the principles that apply to this
decisions to award additional funds to already decisions to award additional funds to already procedure.
approved projects. approved projects.
Article 7.5 Article 7.5
Conflict of interest Conflict of interest
1. A conflict of interest situation is deemed to be 1. In the context of project selection, Aa conflict of The current definition, which is limited to the selection of projects, is
present when a person involved in the selection interest situation is deemed to be present when a replaced by a general definition of the term “conflict of interest” in Article
process has direct or indirect interests that are or person involved in the selection process has direct or 1.6. Definitions, which is not limited to the selection process. Therefore, it
appear to be incompatible with the impartial and/or indirect interests that are or appear to be incompatible is proposed to remove the current Article 7.5.
objective exercise of the functions related to the with the impartial and/or objective exercise of the
selection process. Such interests may be related to functions related to the selection process. Such
economic interests, political or national affinities, interests may be related to economic interests, political
family or emotional ties, other shared interests with the or national affinities, family or emotional ties, other
applicant or its partner, or any other interests liable to shared interests with the applicant or its partner, or any
influence the impartial and objective performance of other interests liable to influence the impartial and
the person involved in the selection of projects. objective performance of the person involved in the
selection of projects.
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2. The Programme Operator shall take every 2. The Programme Operator shall take every Moved to Art. 7.5.2.
reasonable measure to prevent a conflict of interest reasonable measure to prevent a conflict of interest
situation from occurring. If a conflict of interest situation from occurring. If a conflict of interest
situation nevertheless occurs, the Programme situation nevertheless occurs, the Programme
Operator shall take all the necessary measures to Operator shall take all the necessary measures to
prevent that such a situation affects the integrity of the prevent that such a situation affects the integrity of the
selection process. selection process.
Article 7.6 Article 7.9
Project contract Project contract
1. For each approved project a project contract shall be 1. For each approved project a project contract shall be
concluded between the Programme Operator and the concluded between the Programme Operator and the
Project Promoter. Project Promoter.
2. In cases where a project contract cannot, due to 2. In cases where a project contract cannot, due to
provisions in the national legislation, be made between provisions in the national legislation, be made between
the Programme Operator and the Project Promoter, the the Programme Operator and the Project Promoter, the
Beneficiary State may instead issue a legislative or Beneficiary State may instead issue a legislative or
administrative act of similar effect and content. administrative act of similar effect and content.
3. The project contract sets out the terms and 3. The project contract sets out the terms and
conditions of grant assistance as well as the roles and conditions of grant assistance as well as the roles and
responsibilities of the parties. It shall in particular responsibilities of the parties. It shall in particular
include provisions that ensure that the Project include provisions that ensure that the Project
Promoter undertakes to comply fully with the Promoter undertakes to comply fully with the
provisions of the legal framework of the EEA provisions of the legal framework of the EEA
Financial Mechanism 2014-2021 referred to in Article Financial Mechanism 2014-20212021-2028 referred
1.5 that are relevant for the implementation of the to in Article 1.5 that are relevant for the
project, including any obligation that is valid after the implementation of the project, including any
project has been completed. The project contract shall obligation that is valid after the project has been
contain an explicit reference to the programme completed. The project contract shall contain an
agreement and this Regulation and, as a minimum, explicit reference to the Programme Agreement and
provisions on the following: this Regulation and, as a minimum, provisions on the
following:
(a) obligations regarding reporting that enables the
Programme Operator to comply with its reporting (a) obligations regarding reporting that enables the
obligations to the FMC and the National Focal Programme Operator to comply with its reporting
Point;
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(b) the maximum amount of the project grant and the obligations to the FMC and the National Focal
maximum project grant rate; Point;
(c) the eligibility of expenditures and requirements (b) the maximum amount of the project grant and the
regarding the submission of proof of expenditure; maximum project grant rate;
(d) the method of calculating indirect costs and their (c) the eligibility of expenditures and requirements
maximum amount; regarding the submission of proof of expenditure;
(e) the first and final dates of eligibility of (d) the method of calculating indirect costs and their
expenditures; maximum amount;
(f) modifications of the project; (e) the first and final dates of eligibility of
expenditures;
(g) ensuring that the access requested in relation to
monitoring, audits and evaluations is provided (f) modifications of the project;
without delay;
(g) ensuring that the access requested in relation to
(h) ensuring that obligations regarding information monitoring, audits and evaluations is provided
and communication are complied with; without delay;
(i) the right of the Programme Operator to suspend (h) ensuring that obligations regarding information
payments and request reimbursement from the and communication are complied with;
Project Promoter in case decision on such actions
(i) the right of the Programme Operator to suspend
is taken by the FMC, Programme Operator or the
payments and request reimbursement from the
National Focal Point;
Project Promoter in case decision on such actions
(j) resolution of disputes and jurisdiction; is taken by the FMC, Programme Operator or the
National Focal Point;
(k) a detailed budget, which may allow for up to 5%
contingency; and (j) resolution of disputes and jurisdiction;
(l) a reference to partnership agreements or letters of (k) a detailed budget, which may allow for up to 5%
intent, if relevant. contingency and which foresees flexible rules for
shifts between budget headings; and
(l) a reference to partnership agreements or letters of
intent, if relevant.
4. The project contract shall include provisions that 4. The project contract shall include provisions that
ensure that project partners are informed sufficiently ensure that project partners are informed sufficiently
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 96
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in advance of modifications to the project that affect in advance of all provisions of the project contract that Text proposal for highlighting the need to include rules in the project
them. are relevant for them and of all modifications to the contract on informing the partners about the rules relevant for them.
project that affect them.
5. The obligations of the Project Promoter under the 5. The obligations of the Project Promoter under the
project contract shall be valid and enforceable under project contract shall be valid and enforceable under
the applicable national law of the Beneficiary State. In the applicable national law of the Beneficiary State. In
case of any inconsistency between the project contract case of any inconsistency between the project contract
and the legal framework of the EEA Financial and the legal framework of the EEA Financial
Mechanism 2014-2021 as defined in Article 1.5 of this Mechanism 2014-20212021-2028 as defined in
Regulation, the latter shall prevail. Article 1.5 of this Regulation, the latter shall prevail.
Article 7.7 Article 7.10
Project partners and partnership agreements Project partners and partnership agreements
1. A project may be implemented in partnership with 1. A project may be implemented in partnership with
project partners as defined in point (w) of Article 1.6. project partners as defined in point (yw) of Article 1.6.
If a project is implemented in such a partnership, the If a project is implemented in such a partnership, the
Project Promoter shall sign a partnership agreement Project Promoter shall sign a partnership agreement
with the project partners. with the project partners.
2. The partnership agreement shall contain the 2. The Partnership Agreement shall contain the
following: following:
(a) provisions on the roles and responsibilities of (a) provisions on the roles and responsibilities of
the parties; the parties;
(b) provisions on the financial arrangements (b) provisions on the financial arrangements
between the parties, including, but not between the parties, including, but not
limited to, which expenditure the project limited to, financial reporting obligations, Clarification of important aspects that need to be in the partnership
partners can get reimbursed from the project means for proof of expenditure, payment agreement.
budget; flows and which expenditure the project
partners can get reimbursed from the project
(c) provisions on the method of calculating
budget;
indirect costs and their maximum amount;
(c) provisions on the method of calculating
(d) currency exchange rules for such expenditure
indirect costs and their maximum amount;
and its reimbursement;
(e) provisions on audits on the project partners;
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(f) a detailed budget; and (d) currency exchange rules for such expenditure
and its reimbursement;
(g) provisions on dispute resolution.
(e) provisions on audits on the project partners; Indicate that flexible rules for shifts within budget headings would need to
be set (aligned with the provision applicable to project contracts – see above
(f) a detailed budget, which may allow for 5%
7.9.3(k)).
contingency and which foresees flexible rules
for shifts between budget headings; and
(g) provisions on dispute resolution.
4. The partnership agreement shall be in English if one 4. If one of the parties to the agreement is an entity The use of the template for partnerships with Doner project partners shall
of the parties to the agreement is an entity from the from the Donor States, tThe partnership agreement become mandatory in order to avoid issues with unclear agreements signed
Donor States. shall be in English if one of the parties to the by Donor project partners. Although the template shall form the basis for
agreement is an entity from the Donor States . and the agreement, the provisions may still be amended and/or supplemented in
shall be based on a template provided by the FMC. view of the arrangements agreed between the parties.
5. The eligibility of expenditures incurred by a project 5. The eligibility of expenditures incurred by a project
partner is subject to the same limitations as would partner is subject to the same ruleslimitations as would
apply if the expenditures were incurred by the Project apply if the expenditures were incurred by the Project
Promoter. Promoter.
6. The creation and implementation of the relationship 6. The creation and implementation of the relationship The proposal is to delete this article because it creates confusion (partners
between the Project Promoter and the project partner between the Project Promoter and the project partner are not service providers), and there is a specific article in the Regulation on
shall comply with the applicable national and shall comply with the applicable national and compliance with European and national procurement rules (Article 8.15).
European Union law on public procurement as well as European Union law on public procurement as well as
Article 8.15 of this Regulation. Article 8.15 of this Regulation.
7. A draft partnership agreement or letter of intent 6. A draft partnership agreement or letter of intent
shall be submitted to the Programme Operator before shall be submitted to the Programme Operator before
the signing of the project contract. The Programme the signing of the project contract. The Programme
Operator shall verify that the partnership agreement Operator shall verify that the partnership agreement
complies with this article. complies with this Article.
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Chapter 8 Chapter 8
Eligibility of expenditures Eligibility of expenditures
Article 8.1 Article 8.1
Eligible expenditures of a programme Eligible expenditures of a programme
Eligible expenditures of a programme are: Eligible expenditures of a programme are: Bilateral funds are included as an eligible expenditure of a programme as
bilateral funds at programme level will be part of the programme budget.
(a) management (a) management costs of the Programme Operator in
accordance with Article 8.10;
costs of the Programme Operator in accordance with
Article 8.10; (b) payments to projects within the programme
in accordance with this Regulation, the pProgramme
(b) payments to projects within the programme in
aAgreement and the project contracts; and
accordance with this Regulation, the programme
agreement and the project contract; (c) payments from the funds for bilateral relations
in accordance with Article 4.10
Article 8.2 Article 8.2
General principles on the eligibility of General principles on the eligibility of
expenditures expenditures
1. The principles set forth in this article shall apply 1. The principles set forth in this article shall apply This is moved to the end of this Article.
mutatis mutandis to all eligible expenditures unless mutatis mutandis to all eligible expenditures unless
otherwise explicitly stated in this Regulation. otherwise explicitly stated in this Regulation.
2. Eligible expenditures of projects are those actually 12. Eligible expenditures of projects are those actually Paragraph 1 has been redrafted to cater for the case of unit costs and lump
incurred within the project, which meet the following incurred within the projects as well as expenditure sums. The wording is aligned with provisions in the Common Provisions
criteria: covered by simplified cost options (unit costs, flat- Regulation (CPR), adjusted to the context of the EEA/Norway Grants.
rates, lump sums).
(a) they are incurred between the first and final dates
of eligibility of a project as specified in the project The expenditure which shall meet the following
contract; criteria:
(a) for costs reimbursed pursuant to point (a) of
(b) they are connected with the subject of the project
Article 8.3.1, they are actually incurred between
contract and they are indicated in the detailed
the first and final dates of eligibility of a project
budget of the project;
as specified in the project contract; for costs
reimbursed pursuant to points (b) and (c) of
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(c) they are proportionate and necessary for the Article 8.3.1, the actions constituting the basis for
implementation of the project; reimbursement are carried out between the first
and final dates of eligibility of a project as
(d) they must be used for the sole purpose of
specified in the project contract;
achieving the objective(s) of the project and its
expected outcome(s), in a manner consistent with (b) they are connected with the subject of the project
the principles of economy, efficiency and contract and they are indicated in the detailed
effectiveness; budget of the project;
(e) they are identifiable and verifiable, in particular (c) they are proportionate and necessary for the
through being recorded in the accounting records implementation of the project;
of the Project Promoter and/or project partner and
(d) they must be used for the sole purpose of
determined according to the applicable
achieving the objective(s) of the project and its
accounting standards of the country where the
expected outcome(s), in a manner consistent with
Project Promoter and/or project partner is
the principles of economy, efficiency and
established and according to generally accepted
effectiveness;
accounting principles; and
(e) they are identifiable and verifiable, in particular
(f) they comply with the requirements of applicable
through being recorded in the accounting records
tax and social legislation.
of the Project Promoter and/or project partner and
determined according to the applicable
accounting standards of the country where the
Project Promoter and/or project partner is
established and according to generally accepted
accounting principles; and
(f) they comply with the requirements of applicable
tax and social legislation.
3. Expenditures are considered to have been incurred 23. Expenditures reimbursed pursuant to point (a) of
when the cost has been invoiced, paid and the subject Article 8.3.1 are considered to have been incurred The deadline for the payment of costs when an invoice has been issued in
matter delivered (in case of goods) or performed (in when the cost has been invoiced, paid and the subject the final month of eligibility – currently phrased as “within 30 days” – has
case of services and works). Exceptionally, costs in matter delivered (in case of goods) or performed (in been replaced by “the end of the month” for clarity purposes.
respect of which an invoice has been issued in the final case of services and works). Exceptionally, costs in
month of eligibility are also deemed to be incurred respect of which an invoice has been issued in the final The additional exception which was introduced in the Regulation in
within the dates of eligibility if the costs are paid month of eligibility are also deemed to be incurred February 2023 was removed as the need for it was in response to specific
within 30 days of the final date for eligibility. By way within the dates of eligibility if the costs are paid by circumstances linked to the end of the 2014-2021 Financial Mechanism.
of additional exception, Programme Operators may the end of the month following within 30 days of the
allow for project expenditure to be considered incurred final date for eligibility. By way of additional
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within the dates of eligibility if the cost has been exception, Programme Operators may allow for
invoiced and paid by 30 April 2024, and the subject project expenditure to be considered incurred within
matter has been delivered (in case of goods) or the dates of eligibility if the cost has been invoiced and
performed (in case of services and works) by a later paid by 30 April 2024, and the subject matter has been
date, but no later than 31 December 2024. Overheads delivered (in case of goods) or performed (in case of
and depreciation of equipment are considered to have services and works) by a later date, but no later than
been incurred when they are recorded on the accounts 31 December 2024. Overheads and depreciation of
of the Project Promoter and/or project partner. equipment are considered to have been incurred when
they are recorded on the accounts of the Project
Promoter and/or project partner.
4. Where new or second hand equipment is purchased, 34. Where new or second-hand equipment is
only the portion of the depreciation corresponding to purchased, only the portion of the depreciation
the duration of the project and the rate of actual use for corresponding to the duration of the project and the
the purposes of the project may be considered eligible rate of actual use for the purposes of the project may
expenditure. be considered eligible expenditure.
5. The Project Promoter’s internal accounting and 45. The Project Promoter’s and project partners’ Project partners are added to not make the Project Promoter responsible for
auditing procedures must permit direct reconciliation internal accounting and auditing procedures must all the documentation.
of the expenditures and revenue declared in respect of permit direct reconciliation of the expenditures and
the project with the corresponding accounting revenue declared in respect of the project with the
statements and supporting documents. corresponding accounting statements and supporting
documents.
6. In case of projects implemented by an international 56. In case of projects implemented by an international
organisation or body or an agency thereof, the organisation or body or an agency thereof, the
programme agreement may include specific programme agreement may include specific
provisions with regard to the eligibility of expenditure. provisions with regard to the eligibility of expenditure.
6. The principles set forth in this article shall apply
mutatis mutandis to all eligible expenditures unless
otherwise explicitly stated in this Regulation.
Article 8.3
Forms of eligible expenditures
1. Grants provided by Programme Operators to Simplified cost options (SCOs), namely unit costs, lump sums and flat-rates,
beneficiaries may take any of the following forms: have been included as options for calculating eligible expenditure.
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(a) reimbursement of eligible costs actually This Article is aligned with the EU Common Provisions Regulation for the
incurred by a Project Promoter; programming period 2021-2027.
(b) unit costs;
(c) lump sums;
(d) flat-rate financing;
(e) a combination of the forms referred to in points
(a) to (d), provided that each form covers
different categories of costs.
2. The amounts for the forms of grants referred to
This paragraph lists the options for the Beneficiary States to calculate a
under points (b), (c) and (d) of paragraph 1, shall be
simplified cost option.
established ex ante, in one of the following ways:
(a) flat rates and specific methods established by or The methodology for options (a) to (c) is ‘ready-made’, as these are already
on the basis of this Regulation or sector specific identified in the Grants Regulation or guidelines (point (a)), developed by
articles and guidelines; the Beneficiary State or Donor States at the national level (point (b)) or
(b) in accordance with the rules for application of developed by the European Commission (point (c)). These are, therefore,
corresponding unit costs, lump sums and flat considered as simple to use, requiring least effort and capacity from the
rates applied under schemes for grants funded Beneficiary States to apply them. Ex ante assessment/verification of these
entirely by the Beneficiary State, or the Donor methodologies is not required, only ex post regarding their correct
State in the case of donor project partners, for a implementation.
similar type of project;
Case (d) on the draft budget method allows applicants to submit a budget
(c) in accordance with the rules for application of
corresponding unit costs, lump sums and flat based on real costs and other SCOs on the basis of which a new SCO can be
rates applicable in European Union policies for established. The Programme Operator would then assess each budget on a
case-by-case basis to determine whether the costs contained therein are
a similar type of project;
realistic and sufficiently deliver the desired results. The PO would then
(d) a draft budget established on a case-by-case
transform the budget into a SCO. This could, for example, be done by
basis and agreed ex ante by the Programme
consolidating the activities of the project into milestones and ringfencing
Operator, where the total cost of the project
does not exceed EUR 200,000; or the related costs into milestones specific lumpsums. The PO would then
(e) a fair, equitable and verifiable calculation make payments when milestones would be reached.
method, verified by the Audit Authority and Case (e) refers to programme-specific SCOs that give the POs freedom to
based on: design SCOs that are best suited to their programme. Programme-specific
SCOs are established using the FEV method (fair, equitable, and verifiable).
(i) statistical data, other objective information It needs to be ensured that the SCOs are based on reliable data and based on
or an expert judgement; objective calculations, with proper guidance documents and manuals to
(ii) the verified historical data of individual support their use. In this case, the ex-ante assessment by the Audit Authority
beneficiaries; is made mandatory to ensure the correct establishment of SCOs.
(iii) the application of the usual cost accounting
practices of individual beneficiaries.
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3. The use of flat rates, unit costs and lump sums, their
amount and the way they are established shall be
determined in the project contract. The use of flat
rates, unit costs and lump sums, their amount and the
way they are calculated for a project partner shall also
be stipulated in the partnership agreement between the
Project Promoter and the project partner.
4. In exceptional and duly justified cases, the This new paragraph allows that the Programme Agreement limits the
Programme Operator may suggest to exclude certain available forms of grants.
forms of grants listed in paragraph 1. Such deviations,
if approved by the FMC, shall be explicitly stipulated
in the Programme Agreement.
Article 8.3 Article 8.4 Reference to project is removed from the title as this Article shall apply to
Eligible direct expenditures in a project Eligible direct expenditures in a project all expenditure (projects, including bilateral initiatives, technical
assistance, management costs) except in particular cases explicitly stated
therein.
1. The eligible direct expenditures for a project are 1. The eligible direct expenditures for a project are Eligibility of expenditure related to travel and subsistence allowances has
those expenditures which are identified by the Project those expenditures which are identified by the Project been changed to cover not only staff but any participant in a project.
Promoter and/or the project partner, in accordance Promoter and/or the project partner, in accordance
After inclusion in this chapter of all forms of SCOs, specification on the use
with their accounting principles and usual internal with their accounting principles and usual internal
of lump sums in point (b) is removed as it is no longer needed.
rules, as specific expenditures directly linked to the rules, as specific expenditures directly linked to the
implementation of the project and which can therefore implementation of the project, and which can therefore
be booked to it directly. The following direct be booked to it directly. The following direct
expenditures are eligible provided that they satisfy the expenditures are eligible provided that they satisfy the
criteria set out in Article 8.2: criteria set out in Article 8.2:
(a) the cost of staff assigned to the project, (a) the cost of staff assigned to the project,
comprising actual salaries plus social security comprising actual salaries plus social security
charges and other statutory costs included in the charges and other statutory costs included in the
remuneration, provided that this corresponds to remuneration, provided that this corresponds to
the Project Promoter’s and project partner’s the Project Promoter’s and project partner’s
usual policy on remuneration. The corresponding usual policy on remuneration. The
salary costs of staff of national administrations corresponding salary costs of staff of national
are eligible to the extent that they relate to the administrations are eligible to the extent that
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cost of activities which the relevant public they relate to the cost of activities which the
authority would not carry out if the project relevant public authority would not carry out if
concerned were not undertaken; the project concerned were not undertaken;
(b) travel and subsistence allowances for staff taking (b) travel and subsistence allowances for staff
part in the project. Having regard to the principle participants taking part in the project,. provided
of proportionality, travel costs, including that this corresponds to the usual policy of the
subsistence allowance, may be calculated as a Project Promoter and project partner on travel
lump sum, on the basis of defined rules approved allowances; Having regard to the principle of
by the Programme Operator; proportionality, travel costs, including
subsistence allowance, may be calculated as a
(c) cost of new or second hand equipment. In case
lump sum, on the basis of defined rules approved
the Programme Operator determines that the
by the Programme Operator;
equipment is an integral and necessary
component for achieving the outcomes of the (c) cost of new or second-hand equipment. In case
project, the entire purchase price of that the Programme Operator determines that the
equipment may, by way of exception from the equipment is an integral and necessary
rule contained in paragraph 4 of Article 8.2, be component for achieving the outcomes of the
eligible; project, the entire purchase price of that
equipment may, by way of exception from the
(d) purchase of land and real estate under the
rule contained in Article 8.2.4, be eligible.; This
conditions set in Article 8.6;
exception is not applicable to the funds for
(e) costs of consumables and supplies, provided that bilateral relations, programme management costs
they are identifiable and assigned to the project; and technical assistance;
(f) costs entailed by other contracts awarded by a (d) purchase of land and real estate under the
Project Promoter for the purposes of carrying out conditions set in Article 8.8, except for the funds
the project, provided that the awarding complies for bilateral relations, programme management
with the applicable rules on public procurement costs and technical assistance 6;
and this Regulation; and
(e) costs of consumables and supplies, provided that
(g) costs arising directly from requirements imposed they are identifiable and assigned to the project;
by the project contract for each project.
(f) costs entailed by other contracts awarded by a
Project Promoter for the purposes of carrying out
the project, provided that the awarding complies
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with the applicable rules on public procurement
and this Regulation; and
(g) costs arising directly from requirements imposed
by the project contract for each project.
2. Where the entire purchase price of equipment is 2. Where the entire purchase price of equipment is In point (b) ‘where possible’ is added to cater for the cases where insurance
eligible in accordance with point (c) of paragraph 1, eligible in accordance with point (c) of paragraph 1, is not available.
the Programme Operator shall ensure that the Project the Programme Operator shall ensure that the Project
The criterion set in the last paragraph for releasing the promoter from its
Promoter: Promoter:
obligations on moveable assets (continued use serves no economic purpose)
(a) keeps the equipment in its ownership for a period (a) keeps the equipment in its ownership for a period is considered as too narrow and specific and as not taking into account the
of at least five years following the completion of of at least five years following the completion of issue of proportionality between the value of the asset and the cost or
the project and continues to use that equipment the project and continues to use that equipment maintenance of the cost of its insurance. The proposed wording expands the
POs discretion to release Project Partners from these obligations.
for the benefit of the overall objectives of the for the benefit of the overall objectives of the
project for the same period; project for the same period;
(b) keeps the equipment properly insured against (b) where possible, keeps the equipment properly
losses such as fire, theft or other normally insured against losses such as fire, theft or other
insurable incidents both during project normally insurable incidents both during project
implementation and for at least five years implementation and for at least five years
following the completion of the project; and following the completion of the project; and
(c) sets aside appropriate resources for the (c) sets aside appropriate resources for the
maintenance of the equipment for at least five maintenance of the equipment for at least five
years following the completion of the project. years following the completion of the project.
The specific means for the implementation of this The specific means for the implementation of this
obligation shall be specified in the project contract. obligation shall be specified in the project contract.
The Programme Operator may release any Project The Programme Operator may release any Project
Promoter from the above obligations with respect to Promoter from the above obligations with respect to
any specifically identified equipment where the any specifically identified equipment where the
Programme Operator is satisfied that, having regard to Programme Operator is satisfied that, having regard to
all relevant circumstances, continued use of that all relevant circumstances, the cost of maintenance or
equipment for the overall objectives of the project insurance in the above obligations would be
would serve no useful economic purpose. disproportionate to the value of the equipment.
continued use of that equipment for the overall
objectives of the project would serve no useful
economic purpose.
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3. In exceptional and duly justified cases, the 3. In exceptional and duly justified cases, the The possibility of regranting as an ad hoc / exceptional form of eligible
Programme Operator may suggest additional Programme Operator may suggest additional expenditure has been made clear.
expenditures to be eligible or exclude certain expenditures, including regranting at project level, to
expenditure listed in paragraph 1. Such deviations, if be eligible or exclude certain expenditure listed in
approved by the FMC, shall be explicitly stipulated in paragraph 1. Such deviations, if approved by the FMC,
the programme agreement. shall be explicitly stipulated in the pProgramme
aAgreement and where relevant be accompanied by
the necessary terms and conditions with regards to the
eligibility of the expenditure in question.
4. This article shall apply mutatis mutandis to all
eligible expenditures unless otherwise explicitly
stated in this Regulation.
Article 8.4 Article 8.4
Standard scales of unit costs Standard scales of unit costs
1. The project grant may take the form of standard 1. The project grant may take the form of standard The Article is deleted as the newly proposed article 8.3 on forms of eligible
scales of unit costs. In such case the amount shall be scales of unit costs. In such case the amount shall be expenditures in projects allows for unit costs.
established in one of the following ways: established in one of the following ways:
(a) in accordance with the rules for application of (c) in accordance with the rules for application of
corresponding scales of unit costs applicable in corresponding scales of unit costs applicable in
European Union policies for similar types of European Union policies for similar types of
project and entities involved; project and entities involved;
(b) in accordance with the rules for application of
in accordance with the rules for application of
corresponding scales of unit costs applied under corresponding scales of unit costs applied under
schemes for grants funded entirely by the schemes for grants funded entirely by the Beneficiary
Beneficiary State where the Project Promoter or State where the Project Promoter or partner is located,
partner is located, or the Donor State where the or the Donor State where the donor project partner is
donor project partner is located, for similar types located, for similar types of project and entities
of project and entities involved. involved.
2. The use of standard scales of unit costs, their amount 2. The use of standard scales of unit costs, their amount
and the way they are established shall be determined and the way they are established shall be determined
in the project contract. The use of standard scales of in the project contract. The use of standard scales of
unit costs, their amount and the way they are unit costs, their amount and the way they are
calculated for a project partner shall be stipulated in calculated for a project partner shall be stipulated in
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the partnership agreement between the Project the partnership agreement between the Project
Promoter and the project partner. Promoter and the project partner.
3. The provisions of this article shall apply mutatis 3. The provisions of this article shall apply mutatis
mutandis to all eligible expenditures unless otherwise mutandis to all eligible expenditures unless otherwise
explicitly stated in this Regulation. explicitly stated in this Regulation.
Article 8.5 Article 8.5
Indirect costs in projects (overheads) Indirect costs in projects (overheads)
1. Indirect costs are all eligible costs that cannot be (a) 1. Indirect costs are all eligible costs that cannot be The Article has been redrafted to align with provisions in the EU Common
identified by the Project Promoter and/or the project identified by the Project Promoter and/or the Provisions Regulation on flat-rates for indirect costs. In particular, a new
partner as being directly attributed to the project but project partner as being directly attributed to the flat-rate (point (a)) has been added, and that of 25% (point (c) has been
adjusted to the CPR.
which can be identified and justified by its accounting project but which can be identified and justified
system as being incurred in direct relationship with the by its accounting system as being incurred in In addition, as indirect costs are covered also by SCOs, these will not be
eligible direct costs attributed to the project. They may direct relationship with the eligible direct costs checked in detail. Therefore, part of the definition of the indirect costs on
not include any eligible direct costs. Indirect costs of attributed to the project. They may not include the relationship with the direct costs has been moved to point (e) which is
on actually incurred indirect costs.
the project shall represent a fair apportionment of the any eligible direct costs. Indirect costs of the
overall overheads of the Project Promoter or the project shall represent a fair apportionment of the
project partner. Project promoters and project partners overall overheads of the Project Promoter or the
may identify their indirect costs according to one of project partner. Project pPromoters and project
the following methods: partners may identify their indirect costs
according to one of the following methods:
(a) based on actual indirect costs for those Project
Promoters and project partners that have an (b) up to 7 % of eligible direct costs, in which case
analytical accounting system to identify their the Programme Operator shall not be required to
indirect costs as indicated above; perform a calculation to determine the applicable
rate;
(b) a flat rate of up to 25% of total direct eligible
costs, excluding direct eligible costs for (c) up to 15 % of eligible direct staff costs, in which
subcontracting and the costs of resources made case the Programme Operator shall not be
available by third parties which are not used on required to perform a calculation to determine the
the premises of the Project Promoter or project applicable rate;
partner;
(d) up to 25 % of eligible direct costs, provided that
(c) a flat rate of up to 15% of direct eligible staff costs the rate is calculated in accordance with
without there being a requirement for the paragraph 2 of this Article;
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Programme Operator to perform a calculation to (b)(e) a flat rate applied to direct eligible costs
determine the applicable rate; or based on existing methods and corresponding
rates applicable in European Union policies for
(d) a flat rate applied to direct eligible costs based on
similar types of project;
existing methods and corresponding rates
applicable in European Union policies for similar (f) based on actual indirect costs for those Project
types of project and Project Promoter; Promoters and project partners that have an
analytical accounting system to identify their
(e) in the case of Project Promoters or project
indirect costs incurred in direct relationship with
partners that are international organisations or
the eligible direct costs attributed to the project;
bodies or agencies thereof, indirect costs may, in
or. as indicated above; or
line with specific provisions in the programme
agreement, be identified in accordance with the (c)(g) in the case of Project Promoters or project
relevant rules established by such organisations. partners that are iInternational oOrganisations or
bodies or agencies thereof, indirect costs may, in
line with specific provisions in the pProgramme
aAgreement, be identified in accordance with the
relevant rules established by such organisations.
a flat rate of up to 25% of total direct eligible costs,
excluding direct eligible costs for subcontracting and
the costs of resources made available by third parties
which are not used on the premises of the Project
Promoter or project partner;
a flat rate of up to 15% of direct eligible staff costs
without there being a requirement for the Programme
Operator to perform a calculation to determine the
applicable rate; or
a flat rate applied to direct eligible costs based on
existing methods and corresponding rates applicable
in European Union policies for similar types of project
and Project Promoter;
I2. The application of the method described in point 2. The application of the method described in point
(b) of paragraph 1 is subject to the calculation of the (cb) of paragraph 1 is subject to the calculation of the
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rate on the basis of a fair, equitable and verifiable rate on the basis of the a fair, equitable and verifiable
calculation method or a method applied under schemes calculation method referred to in point (e) of Article
for grants funded entirely by the Beneficiary State for 8.3.2 or a method applied under schemes for grants
similar types of Project and Project Promoter. funded entirely by the Beneficiary State for similar
types of Pproject and Project Promoter.
3. The method of calculating the indirect costs and 3. The method of calculating the indirect costs and
their maximum amount shall be determined in the their maximum amount shall be determined in the
project contract. The method of calculation of indirect project contract. The method of calculation of indirect
costs of a project partner shall be stipulated in the costs of a project partner shall be stipulated in the
partnership agreement between the Project Promoter partnership agreement between the Project Promoter
and the project partner. and the project partner.
4. In duly justified cases, the Programme Operator 4. In duly justified cases, the Programme Operator
may suggest restricting the eligibility of indirect costs. may suggest restricting the eligibility of indirect costs.
Such restrictions, if approved by the FMC, shall be Such restrictions, if approved by the FMC, shall be
explicitly stipulated in the programme agreement. explicitly stipulated in the programme agreement.
Article 8.6 This Article is aligned with provisions in the Common Provisions
Regulation.
Flat rate and unit costs for dDirect staff costs
It foresees two forms of SCOs for direct staff costs: a flat-rate of 20% to be
calculated on the eligible direct costs (except the direct staff costs) and a
unit cost (an hourly rate) to be calculated either on an annual or a monthly
basis.
1. Direct staff costs of a project may be calculated at a
flat rate of up to 20 % of the eligible direct costs other
than the direct staff costs of that project, without there
being a requirement for the Programme Operator to
perform a calculation to determine the applicable rate,
provided that the direct costs of the project do not
include public works contracts or supply or service
contracts which exceed in value the thresholds set out
in Article 4 of Directive 2014/24/EU of the European
Parliament and of the Council on public procurement.
2. For the purposes of determining direct staff costs,
an hourly rate may be calculated in one of the
following ways:
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(a) by dividing the latest documented annual
gross employment costs by 1 720 hours for
persons working full time, or by a
corresponding pro-rata of 1 720 hours, for
persons working part-time; or
(a)(b) by dividing the latest documented
monthly gross employment costs by the
average monthly working time of the person
concerned in accordance with applicable
national rules referred to in the employment
or work contract or an appointment decision
(both referred to as the employment
document).
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3. When applying the hourly rate calculated in
accordance with paragraph 2, the total number of
hours declared per person for a given year or month
shall not exceed the number of hours used for the
calculation of that hourly rate.
4. Where annual gross employment costs are not
available, they may be derived from the available
documented gross employment costs or from the
employment document, duly adjusted for a 12-month
period.
5. In the case of actually incurred staff costs, costs
related to individuals who work on part-time
assignment on the project may be calculated as a fixed
percentage of the gross employment costs, in line with
a fixed percentage of time worked on the project per
month, with no obligation to establish a separate
working time registration system. The employer shall
issue a document for employees setting out that fixed
percentage.
Article 8.7 This Article is aligned with provisions in the Common Provisions
Regulation.
Flat rate financing for costs other than direct staff
costs
1. A flat rate of up to 40% of eligible direct staff costs
may be used in order to cover all remaining eligible
costs of a project. The Programme Operator shall not
be required to perform a calculation to determine the
applicable rate.
2. The flat rate referred to in paragraph 1 of this Article
shall not be applied to staff costs calculated on the
basis of a flat rate as referred to in paragraph 1 of
Article 8.6.1.
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Article 8.6 Article 8.8
Purchase of real estate and land Purchase of real estate and land
The general prohibition of rental of real estate reconstructed/renovated in
1. The cost of purchase of real estate and land not built 1. The cost of purchase of real estate and land not built
point (d) could go against the purpose of the projects. For example, in
on may be eligible under the following conditions, on may be eligible under the following conditions,
culture programmes, when heritage buildings are renovated with the
without prejudice to the application of stricter national without prejudice to the application of stricter national
purpose of renting them out at a later stage.
rules: rules:
(a) there shall be a direct link between the purchase (a) there shall be a direct link between the purchase To cater for such cases, rental is deleted from point (d) and a new point (g)
and the objectives of the project; and the objectives of the project; was added to cater for cases of occasional/partial rental of real estate (e.g.
heritage buildings) in line with the objective of the project and contributing
(b) purchase of real estate and/or land may not (b) purchase of real estate and/or land may not to the financial sustainability of the (otherwise non-profit) investment.
represent more than 10% of the total eligible represent more than 10% of the total eligible
expenditure of the project, unless a higher percentage expenditure of the project, unless a higher percentage
is explicitly authorised in the programme agreement is explicitly authorised in the pProgramme
and set in the decision to award the project grant; aAgreement and set in the decision to award the
project grant;
(c) a certificate shall be obtained prior to the purchase
from an independent qualified evaluator or duly (c) a certificate shall be obtained prior to the purchase
authorised official entity confirming that the purchase from an independent qualified evaluator or duly
price does not exceed the market value and that it is authorised official entity confirming that the purchase
free of all obligations in terms of mortgage and other price does not exceed the market value and that it is
liabilities, particularly in respect of damage related to free of all obligations in terms of mortgage and other
pollution. In case of purchase of real estate the liabilities, particularly in respect of damage related to
certificate must either confirm that the building in pollution. In case of purchase of real estate the
question is in conformity with national regulations, or certificate must either confirm that the building in
specify what is not in conformity with national question is in conformity with national regulations, or
regulations but which is to be rectified by the Project specify what is not in conformity with national
Promoter under the project; regulations but which is to be rectified by the Project
Promoter under the project;
(d) the real estate and/or the land shall be used for the
purpose and for the period specified in the decision to (d) the real estate and/or the land shall be used for the
award the project grant. The ownership must be purpose and for the period specified in the decision to
transferred to the Project Promoter, or those explicitly award the project grant. The ownership must be
designated by the Project Promoter in the project transferred to the Project Promoter, or those explicitly
application as recipients of the real estate and/or the designated by the Project Promoter in the project
land, prior to the completion of the project. The real application as recipients of the real estate and/or the
estate and/or the land cannot be sold, rented, or land, prior to the completion of the project. The real
mortgaged within five years of the completion of the estate and/or the land cannot be sold, rented, or
project, or longer if stipulated in the project contract. mortgaged within five years of the completion of the
project, or longer if stipulated in the project contract.
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The FMC may waive this restriction if it would result The FMC may waive this restriction if it would result
in an unreasonable burden on the Project Promoter; in an unreasonable burden on the Project Promoter;
(e) the real estate and/or land may only be used in (e) the real estate and/or land may only be used in
conformity with the objectives of the project. In conformity with the objectives of the project. In
particular, buildings may be used to accommodate particular, buildings may be used to accommodate
public administration services only where such use is public administration service s only where such use is
in conformity with the objective of the project; and in conformity with the objective of the project; and
(f) the purchase of real estate and/or land shall be (f) the purchase of real estate and/or land shall
explicitly approved by the Programme Operator prior be explicitly approved by the Programme Operator
to the purchase, either in the project contract or by a prior to the purchase, either in the project contract or
later decision. by a later decision; and.
(g) the real estate and/or the land may be rented to third
parties, if stipulated in the project contract, provided
that this is consistent with the objectives of the project.
2. Real estate shall mean buildings constructed or 2. Real estate shall mean buildings constructed or
under development and the appropriate rights to the under development and the appropriate rights to the
land on which they are built. land on which they are built.
3. The restrictions referred to in paragraph 1(d) apply 3. The restrictions referred to in point (d) of paragraph
also to buildings that are constructed, reconstructed or 1(d) apply also to buildings that are constructed,
renovated through a financial contribution from the reconstructed or renovated through a financial
EEA Financial Mechanism 2014-2021. contribution from the EEA Financial Mechanism
2014-20212021-2028.
4. The mortgage restriction referred to in paragraph 4. The mortgage restriction referred to in point (d) of
1(d) does not apply to a mortgage taken in favour of paragraph 1(d) does not apply to a mortgage taken in
the Programme Operator or the National Focal Point favour of the Programme Operator or the National
when its purpose is solely to ensure compliance with Focal Point when its purpose is solely to ensure
the said paragraph. compliance with the said paragraph.
5. Expenditure on site preparation and construction 5. Expenditure on site preparation and construction The provision is considered inherent in cost of real estate and land and thus
which is essential for the implementation of the project which is essential for the implementation of the project redundant to explicitly say.
may be eligible. may be eligible.
6. The cost of real estate and/or land already owned, 56. The cost of real estate and/or land already owned,
directly or indirectly, by the Project Promoter, or directly or indirectly, by the Project Promoter, or
purchase of real estate and/or land owned, directly or purchase of real estate and/or land owned, directly or
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indirectly, by the project partner or a public indirectly, by the project partner or a public
administration, shall not be eligible. Under no administration, shall not be eligible. Under no
circumstances shall real estate and/or land be circumstances shall real estate and/or land be
purchased for speculative purposes. The real estate purchased for speculative purposes.
and/or the land shall not have received a national or
The real estate and/or the land shall not have benefitted
external donor grant in the last 10 years which would
received from a national or external donor grant in the
give rise to a duplication of funding.
last 10 years which would give rise to a duplication of
funding.
Article 8.7 Article 8.9
Excluded costs Excluded costs
1. This article shall apply mutatis mutandis to all costs 1. This article shall apply mutatis mutandis to all costs This paragraph has been moved to the end of the Article.
unless otherwise explicitly stated in this Regulation. unless otherwise explicitly stated in this Regulation.
2. The following costs shall not be considered eligible: 12. The following costs shall not be considered
eligible:
(a) interest on debt, debt service charges and late
payment charges; (a) interest on debt, debt service charges and late
payment charges;
(b) charges for financial transactions and other purely
financial costs, except costs related to accounts (b) charges for financial transactions and other purely
required by the FMC, the National Focal Point or financial costs, except costs related to accounts
the applicable law and costs of financial services required by the FMC, the National Focal Point or
imposed by the project contract; the applicable law and costs of financial services
imposed by the project contract;
(c) provisions for losses or potential future liabilities;
(c) provisions for losses or potential future liabilities;
(d) exchange losses;
(d) exchange losses;
(e) recoverable VAT;
(e) recoverable VAT;
(f) costs that are covered by other sources;
(f) costs that are covered by other sources;
(g) fines, penalties and costs of litigation, except
where litigation is an integral and necessary (g) fines, penalties and costs of litigation, except
component for achieving the outcomes of the where litigation is an integral and necessary
project; and component for achieving the outcomes of the
project; and
(h) excessive or reckless expenditure.
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(h) excessive or reckless expenditure.
2. This article shall apply mutatis mutandis to all costs
unless otherwise explicitly stated in this Regulation.
Article 8.8 Article 8.8
Eligible expenditures under the fund for bilateral Eligible expenditures under the fund for bilateral
relations relations
1. Expenditure related to the following activities are 1. Expenditure related to bilateral initiatives as defined The description of the type of activities that can be funded by the funds for
eligible for the fund referred to in Article 4.6: in Article 4.5.a. the following activities are eligible for bilateral relations is moved from Article 8.8 to a new Article 4.5, which
the funds referred to in Article 4.6: defines bilateral initiatives.
(a) activities aiming at strengthening bilateral relations
between the Donor States and the Beneficiary States; (a) activities aiming at strengthening bilateral relations It is clarified that the whole of Chapter 8 applies to the Bilateral Funds,
between the Donor States and the Beneficiary States; mutatis mutandis.
(b) the search for partners for donor partnership
projects prior to or during the preparation of a project (b) the search for partners for donor partnership
application, the development of such partnerships and projects prior to or during the preparation of a project
the preparation of an application for a donor application, the development of such partnerships and
partnership project; the preparation of an application for a donor
partnership project;
(c) networking, exchange, sharing and transfer of
knowledge, technology, experience and best practice (c) networking, exchange, sharing and transfer of
between entities in Beneficiary States and entities in knowledge, technology, experience and best practice
the Donor States and/or international organisations; between entities in Beneficiary States and entities in
the Donor States and/or international organisations;
(d) activities aiming at strengthening cooperation and
exchanging experiences and best practices between (d) activities aiming at strengthening cooperation and
the Programme Operators and similar entities within exchanging experiences and best practices between
the Beneficiary States and Donor States, as well as the Programme Operators and similar entities within
international organisations, provided at least one entity the Beneficiary States and Donor States, as well as
within the Donor States is involved in the activity. international organisations, provided at least one entity
within the Donor States is involved in the activity.
2. Having regard to the principle of proportionality, 2. Having regard to the principle of proportionality,
travel costs, including subsistence allowance, may be travel costs, including subsistence allowance, may be
calculated as a lump sum, on the basis of defined rules calculated as a lump sum, on the basis of defined rules
approved by the National Focal Point. approved by the National Focal Point.
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Article 8.9 Article 8.9
Scholarships and mobility programmes Scholarships and mobility programmes
1. Grants to natural persons from a programme under 1. Grants to natural persons from a programme under This Article was deleted as sector specific Articles on simplified cost
the programme area “Education, Scholarships, the programme area “Education, Scholarships, options are no longer needed.
Apprenticeships and Youth Entrepreneurship” or from Apprenticeships and Youth Entrepreneurship” or from
the scholarship component under any programme, the scholarship component under any programme,
may be calculated as a lump sum. Eligible items are: may be calculated as a lump sum. Eligible items are:
(a) monthly stipend; monthly stipend;
(b) allocation for study material; allocation for study material;
(c) travel costs, insurance and conference fees; and travel costs, insurance and conference fees; and
tuition fees.
(d) tuition fees.
2. The Programme Operator responsible for a 2. The Programme Operator responsible for a
programme under the programme area “Education, programme under the programme area “Education,
Scholarships, Apprenticeships and Youth Scholarships, Apprenticeships and Youth
Entrepreneurship” or a scholarship component within Entrepreneurship” or a scholarship component within
any programme shall specify any unit amounts. The any programme shall specify any unit amounts. The
determination of the amounts shall take into account determination of the amounts shall take into account
the reasonable costs in the area of the host institution. the reasonable costs in the area of the host institution.
Article 8.10 Article 8.10
Eligibility of management cost incurred by Eligibility of management cost incurred by
Programme Operator Programme Operator
1. The management cost of a Programme Operator up 1. The management cost of a Programme Operator up Final date of eligibility set as 30 April to align with the deadline for
to a ceiling set in paragraph 2 may be considered as to a ceiling set in paragraph 2 may be considered as submission of the Final Programme Report, in line with the Regulation
eligible costs. The first date of eligibility of eligible costs. The first date of eligibility of modification done in 2024.
expenditures of management cost of a Programme expenditures of management cost of a Programme
Operator shall be the date when the National Focal Operator shall be the date when the Programme
Point, in accordance with paragraph 3 of Article 5.2, Operator is designated in the MoU. when the National
designates the Programme Operator. The final date of Focal Point, in accordance with paragraph 3 of Article
eligibility shall be the 31 December 2024 unless an 5.2, designates the Programme Operator. The final
earlier date is specified in the programme agreement. date of eligibility shall be the 31 December 202430
April 20252032 unless an earlier date is specified in
the pProgramme aAgreement.
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2. The maximum management cost of a programme 2. The maximum management cost of a programme
shall be calculated as a percentage of the total eligible shall be calculated as a percentage of the total eligible
expenditures of the programme. It shall be the sum of expenditures of the programme. It shall be the sum of
the following amounts: the following amounts:
(a) 10% of the first € 10 million; (a) 10% of the first € 10 million;
(b) 7% of the next € 40 million; (b) 7% of the next € 40 million;
(c) 5% of the next € 50 million; (c) 5% of the next € 50 million; and
(d) 4% of the remaining total eligible expenditures of (d) 4% of the remaining total eligible expenditures of
the programme. the programme.
3. In exceptional and duly justified cases, the FMC 3. In exceptional and duly justified cases, the FMC
may, for programmes with total eligible expenditures may, for programmes with total eligible expenditures
up to € 5 million, approve a higher ceiling. up to € 5 million, approve a higher ceiling.
4. The method of reimbursement of the management This paragraph is added to allow the use of simplified cost options also for
costs of a programme shall be defined in the management costs.
Programme Agreement, and may take the form of:
(a) reimbursement of eligible expenditure
actually incurred; or
(a)(b) a combination of costs described in
point (a) and/or any or all of the simplified
cost options.
4. The following categories of expenditure are eligible 5. The following categories of expenditure are eligible
as management costs, provided that the expenditure is as management costs, provided that the expenditure is
proportionate and necessary: proportionate and necessary:
(a) expenditures directly related to the preparation (a) expenditures directly related to the preparation
of the programme, including the development of the programme, including the development
of the programme design, the results of the programme design, the results
framework and stakeholder consultations; framework and stakeholder consultations;
(b) preparation of the implementation of the (b) preparation of the implementation of the
programme, including the development of programme, including the development of
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procedures for project selection and financial procedures for project selection and financial
flows; flows;
(c) assisting possible applicants and Project (c) assisting possible applicants and Project
Promoters in complying with the requirements Promoters in complying with the requirements
set by the Programme Operator for project set by the Programme Operator for project
applications and/or the implementation of applications and/or the implementation of
projects; projects;
(d) selection of projects, including costs of (d) selection of projects, including costs of
experts and meetings, and appeals; experts and meetings, and appeals;
(e) verification of incurred expenditure, approval (e) verification of incurred expenditure, approval
of payments and transfer of payments to of payments and transfer of payments to
Project Promoters; Project Promoters;
(f) monitoring of projects and reviews; (f) monitoring of projects and reviews;
(g) audits and on-the-spot verification of projects; (g) audits and on-the-spot verification of projects;
(h) promotional and information activities, (h) promotional and information activities,
including calls for proposals and information including calls for proposals and information
work during the application period as well as work during the application period as well as
information events to share experiences and information events to share experiences and
evaluate the impact of the programme; evaluate the impact of the programme;
(i) expenditures related to reporting obligations (i) expenditures related to reporting obligations
to the FMC, the National Focal Point, the to the FMC, the National Focal Point and, the
Certifying Authority and/or the Irregularities Certifying Authority and/or the Irregularities
Authority; Authority;
(j) charges related to the establishment and (j) charges related to the establishment and
operation of bank accounts required under this operation of bank accounts required under this
Regulation or the programme agreement, Regulation or the pProgramme aAgreement,
including costs of incoming and outgoing including costs of incoming and outgoing
transfers; transfers;
(k) overheads, calculated in accordance with (k) overheads, calculated in accordance with
paragraphs 1(a), (b) or (c) of Article 8.5, as paragraphs 1(a), (b) or (c) of Article 8.5, as
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appropriate, and subject to the requirements in appropriate, and subject to the requirements in
paragraph 6 of Article 8.12; paragraph 6 of Article 8.12;; the
(l) expenditures related to the operation of the (l) expenditures related to the operation of the
Cooperation Committee in the case of donor Cooperation Committee in the case of donor
partnership programmes and expenditures partnership programmes and expenditures
related to the operation of the Programme related to the operation of the Programme
Committee, when required within Committee, when required within
programmes falling under the programme area programmes falling under the programme area
“Research”; “Research”;
(m) expenditures related to the strengthening of (m) expenditures related to the strengthening of
bilateral relations; and bilateral relations; and
(n) activities aimed at strengthening cooperation (n) activities aimed at strengthening cooperation
and exchanging experience and best practices and exchanging experience and best practices
between the Programme Operators and similar between the Programme Operators and similar
entities within the Beneficiary States and/or entities within the Beneficiary States and/or
Donor States, and/or international Donor States and/or Iinternational
organisations. oOrganisations.
5. Programme Operators within programme area 5. Programme Operators within programme area The 30% extra is not considered a desirable or efficient method for
“Civil Society” may, in order to meet obligations “Civil Society” may, in order to meet obligations compensation in these cases.
related to capacity building of the sector, suggest a related to capacity building of the sector, suggest a
higher ceiling for the management costs but never higher ceiling for the management costs but never
more than 30% above the ceiling stipulated in more than 30% above the ceiling stipulated in
paragraph 2. Such a ceiling, if approved by the FMC, paragraph 2. Such a ceiling, if approved by the FMC,
shall be explicitly stipulated in the programme shall be explicitly stipulated in the programme
agreement. agreement.
6. In cases where the selection of the Programme 5. In cases where the selection of the Programme
Operator in the Beneficiary State is conducted through Operator in the Beneficiary State is conducted through
a competitive tendering procedure, the FMC can in the a competitive tendering procedure, the FMC can in the
programme agreement, decide that the contract value pProgramme aAgreement, decide that the contract
shall be accepted as management costs in lieu of value shall be accepted as management costs in lieu of
actually incurred expenditures. The ceilings set out in actually incurred expenditusres. The ceiling set out in
paragraphs 2 and 5 shall apply. paragraphs 2 and 5 shall apply.
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7. The eligibility of costs under this article is 6. The eligibility of costs under this article is
conditional on the approval of the programme by the conditional on the approval of the programme by the
FMC. FMC.
8. In justified cases of budgetary constraints and at the 7. In justified cases of budgetary constraints and at the
discretion of the FMC, extraordinary advance discretion of the FMC, extraordinary advance
payments towards costs related to the preparation of payments towards costs related to the preparation of
programmes may be disbursed to the Beneficiary programmes may be disbursed to the Beneficiary
States. States.
Article 8.11 Article 8.11
Technical assistance to the Beneficiary State Technical assistance to the Beneficiary State
1. Costs incurred by Beneficiary States in relation to 1. Costs incurred by Beneficiary States in relation to
the implementation of the EEA Financial Mechanism the implementation of the EEA Financial Mechanism
2014-2021 are ineligible, except as provided for in this 2014-2021 are ineligible, except as provided for in this
article and falling within the categories set out in article and falling within the categories set out in
paragraph 2. paragraph 2.
2. The following categories of expenditure may be 2. The following categories of expenditure may be
eligible costs for technical assistance under the eligible costs for technical assistance under the
conditions and limits set out in paragraphs 3-10, conditions and limits set out in paragraphs 3-10,
provided that the expenditure is proportionate and provided that the expenditure is proportionate and
necessary: necessary:
(a) in the case of additional management systems (a) in the case of additional management systems
specifically established for the EEA Financial specifically established for the EEA Financial
Mechanism 2014-2021, expenditure relating to the Mechanism 2014-2021, expenditure relating to the
preparation, evaluation, financial flow, and preparation, evaluation, financial flow, and
monitoring of the assistance, programmes and the fund monitoring of the assistance, programmes and the fund
for bilateral relations; for bilateral relations;
(b) expenditure on preparation of and participation in (b) expenditure on preparation of and participation in
annual meetings with the Donor States, and other annual meetings with the Donor States, and other
meetings with the Donor States relating to the meetings with the Donor States relating to the
implementation of the assistance. This expenditure implementation of the assistance. This expenditure
may also include the costs of experts and other may also include the costs of experts and other
participants, including third-country participants, participants, including third-country participants,
where the chairperson considers their presence where the chairperson considers their presence
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essential to the effective implementation of the essential to the effective implementation of the
assistance; assistance;
(c) expenditure on meetings and conferences (c) expenditure on meetings and conferences
organised by the National Focal Point, the Audit organised by the National Focal Point, the Audit
Authority, the Irregularities Authority or the Authority, the Irregularities Authority or the
Certifying Authority to share experience related to the Certifying Authority to share experience related to the
implementation, monitoring, evaluation, reporting and implementation, monitoring, evaluation, reporting and
auditing of projects funded by the EEA Financial auditing of projects funded by the EEA Financial
Mechanism 2014-2021, including expenditure related Mechanism 2014-20212021-2028, including
to travel and accommodation of participants. The expenditure related to travel and accommodation of
Donor States shall be invited to participate in such participants. The Donor States shall be invited to
meetings or conferences; participate in such meetings or conferences;
(d) expenditure related to promotional and (d) expenditure related to promotional and
information activities; information activities;
(e) expenditure related to audits referred to in Article (e) expenditure related to audits referred to in Article
5.5 and paragraph 3 of Article 5.7; 5.5 and paragraph 3 of Article 5.7;
(f) expenditure related to on-the-spot verifications of (f) expenditure related to on-the-spot verifications of
programmes and projects; programmes and projects;
(g) expenditure related to reviews and evaluations; (g) expenditure related to reviews and evaluations;
(h) expenditure related to technical assistance for the (h) expenditure related to technical assistance for the
implementation of the EEA Financial Mechanism implementation of the EEA Financial Mechanism
2009-2014 incurred during the 12 months following 2009-2014 incurred during the 12 months following
the final date of eligibility for that technical assistance; the final date of eligibility for that technical assistance;
and and
(i) expenditure related to the preparation of the (i) expenditure related to the preparation of the
implementation of the EEA Financial Mechanism implementation of the EEA Financial Mechanism
2014-2021. 2014-20212021-2028.
3. Expenditure in the Beneficiary State on salaries, 3. Expenditure in the Beneficiary State on salaries,
social security contributions and other statutory costs, social security contributions and other statutory costs,
is eligible only in the following cases: is eligible only where necessary to carry out tasks
referred to in paragraph 2. in the following cases:
(a) civil servants or other public officials temporarily
assigned, by duly documented decision of the (a) civil servants or other public officials
competent authority, to carry out tasks referred to in temporarily assigned, by duly documented decision of
paragraph 2 on an exclusive and additional basis; the competent authority, to carry out tasks referred to
in paragraph 2 on an exclusive and additional basis;
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(b) other staff employed to carry out tasks referred to (b) other staff employed to carry out tasks
in paragraph 2. referred to in paragraph 2.
1. The EEA Financial Mechanism shall make
contributions towards the costs of the National Focal
Point, Certifying Authority and Audit Authority in the
performance of their duties as described in this
Regulation.
2. The contribution shall take the form of a lump sum A lump sum approach for the payment of technical assistance contributions
to be disbursed in equal tranches in accordance with is implemented.
the payment schedule described in Chapter 9. The
disbursement shall be contingent on:
a) for the first disbursement: the signing of the
Technical Assistance aAgreement, and
b) for the consequent disbursements, the timely
and satisfactory submission of:
i) the strategic reportCountry Report as
described in Article 2.6;
ii) the iInterim fFinancial rReports as
described in Article 9.3;
iii) the Aannual Aaudit Rreport as described
in point (e) of Article 5.5.1; and
iv) the irregularities reports as described in
Article 12.5.
(c) for the final disbursement, the timely and
satisfactory submission of:
i) the fFinal strategicCountry Rreport as
described in Article 2.6.4;
ii) the closure declaration as described in
point (f) of Article 5.5.1; and
iii) all Ffinal Pprogramme Rreports as
described in Article 6.8.
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4. Contributions from the EEA Financial Mechanism 3. Contributions from the EEA Financial Mechanism In case of Beneficiary States receiving 8% or more of the total financial
2014-2021 to the expenditure under paragraph 2 shall 2014-20212021-2028 to the expenditure under contribution, the percentage of technical assistance should be lower than
not exceed 1.5% of the total contribution to the paragraph towards technical assistance shall not 1.5% for proportionality.
respective Beneficiary State, except for Beneficiary exceed 1.5% of the total contribution to the respective
States receiving 2% or less of the total financial Beneficiary State, except for Beneficiary States
contribution from the EEA Financial Mechanism receiving 23% or less of the total financial
2014-2021 where the FMC may approve a higher contribution from the EEA Financial Mechanism
amount. 2014-20212021-2028 where the FMC may approve a
higher amount. In the case of Beneficiary States
receiving 8% or more of the total financial
contribution, the FMC and the Beneficiary States shall
set a percentage lower than 1.5%.
5. The amount shall be fixed in an agreement on 4. The amount shall be fixed in an agreement on
technical assistance between the FMC and the technical assistance between the FMC and the
National Focal Point. The technical assistance National Focal Pointthe Memorandum of
agreement template is provided in Annex 7. Understanding. The FMC and the Beneficiary State
shall conclude a tTechnical aAssistance aAgreement,
based on the template is provided in Annex 75.
6. The National Focal Point shall coordinate the use of 5. The National Focal Point shall coordinate the use of The requirement for attaching a budget to the TA agreement is deleted in
the technical assistance. It shall as soon as possible the technical assistance. It shall as soon as possible line with the proposal made in the TA agreement template. This way, if the
after the signing of the MoU, provide the FMC with a after the signing of the MoU, provide the FMC with a amount changes in the MoU, no modification is required in the TA
budget for the whole implementation period, including budget for the whole implementation period, including agreement.
a detailed budget for the first calendar year. Where the a detailed budget for the first calendar year. Where the
National Focal Point receives support for technical National Focal Point receives support for technical
assistance under both the EEA and Norwegian assistance under both the EEA and Norwegian
Financial Mechanisms, it shall prepare one budget Financial Mechanisms, it shall prepare one budget
covering the technical assistance from both covering the technical assistance from both
mechanisms. mechanisms.The National Focal Point shall ensure
that all entities described in paragraph 1 receive a
sufficient share of the contribution to perform their
duties under this Regulation.
7. The first date of eligibility for support under this 7. The first date of eligibility for support under this There is no period of eligibility with lump sums. It is foreseen that the first
article shall be the date of the last signature of the MoU article shall be the day following the date of the last advance payment will be made after the signature of the TA Agreement and
with the respective Beneficiary State. If support for signature of the MoU with the respective Beneficiary then there will be yearly payments until the end of the Financial Mechanism.
technical assistance is received under both the EEA State. If support for technical assistance is received
and the Norwegian Financial Mechanisms, the first under both the EEA and the Norwegian Financial
date of eligibility of any funding for technical Mechanisms, the first date of eligibility of any funding
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assistance shall be the date of the last signature of for technical assistance shall be the day following the
whichever MoU is signed first. date of the last signature of whichever MoU is signed
first.
8. Notwithstanding paragraph 1, expenditure under 8. Notwithstanding paragraph 1, expenditure under
point (i) of Article 8.11.2 may be eligible as of the date point (i) of Article 8.11.2 may be eligible as of the date
when the FMC is notified of the designation of the when the FMC is notified of the designation of the
authority responsible for the negotiations of the MoU authority responsible for the negotiations of the MoU
by the Beneficiary State. Eligibility of incurred by the Beneficiary State. Eligibility of incurred
expenditure shall be conditional on the signature of the expenditure shall be conditional on the signature of the
MoU. MoU.
9. The final date of eligibility of expenditure under 9. The final date of eligibility of expenditure under
technical assistance shall be 31 August 2025. technical assistance shall be 31 August 2025.
10. Articles 6.11 and 6.12 and Chapter 9 shall apply 6. Articles 6.11 and 6.812 and Chapter 9 shall apply
mutatis mutandis to technical assistance. The final mutatis mutandis to technical assistance. The Ffinal
programme report for technical assistance shall be Pprogramme Rreport for technical assistance shall be
submitted no later than 15 November 2025. submitted no later than 15 November 20252032.
Article 8.12 Article 8.12
Proof of expenditure Proof of expenditure
1. Costs incurred by Programme Operators, Project 1. Costs incurred by Programme Operators, Project
Promoters and project partners shall be supported by Promoters and project partners shall be supported by
receipted invoices, or alternatively by accounting Rreceipted invoices, or alternatively by accounting
documents of equivalent probative value. documents of equivalent probative value shall be
maintained for all costs incurred.
2. Where activities are implemented in the framework 2. Where activities are implemented in the framework The Article is restructured to improve readability and to accommodate
of competitive tendering procedures, payments by of competitive tendering procedures, payments by proposed changes to proof of expenditure.
Programme Operators, Project Promoters and project Programme Operators, Project Promoters and project
Previously, receipted invoices were the main rule. The new formulation
partners shall be supported by receipted invoices based partners shall be supported by receipted invoices based
does not signal a preference for the preferred form of proof of expenditure
on the signed contracts. In all other cases, payments by on the signed contracts. In all other cases, payments by
in the Regulation.
Programme Operators, Project Promoters and project Programme Operators, Project Promoters and project
partners shall be justified by expenditure actually paid partners shall be justified by expenditure actually paid
by the entities concerned in implementing the project. by the entities concerned in implementing the project.
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3. Proof of expenditure for costs reimbursed pursuant
to point (a) of Article 8.3.1 to be submitted may take
the form of:
(a) receipted invoices or accounting documents of
equivalent probative value;
(b) a report by an independent auditor qualified to
carry out statutory audits of accounting documents,
certifying that the claimed costs are incurred in
accordance with this Regulation, the national law and
relevant national accounting practices; or
(c) a report issued by a competent and independent
public officer recognised by the relevant national
authorities as having a budget and financial control
capacity over the entity incurring the costs and who
has not been involved in the preparation of the
financial statements, certifying that the claimed costs
are incurred in accordance with this Regulation, the
relevant law and national accounting practices.
4. Proof of expenditure for activities implemented by
an International Organisation, in which each Donor
State is a member, shall take the form of a signed
financial report, confirming that the claimed costs are
in accordance with the principles and rules set forth in
the project contract and that the financial data
contained in the report is in accordance with the
financial records and accounting practices of that
International Organisation.
3. In line with the responsibility of the Programme 5. In line with the responsibility of the Programme Currently the proof of expenditure requirements has been considered
Operator to verify expenditure declared, requirements Operator to verify expenditure declared, requirements disproportional in some programmes. Therefore, it is considered useful to
for the submission of proof of expenditure shall be set for the submission of proof of expenditure for costs signal the importance of proportionality while at the same time proposing
in the project contract and the partnership agreement incurred shall be set in the project contract and where significant changes in approach to proof of expenditure.
where relevant. Proof of expenditure to be submitted applicable, the partnership agreement. where relevant.
It is proposed to have different proof of expenditure submission
may take the form of receipted invoices or accounting Proof of expenditure to be submitted may take the
requirements depending on the size of the grant allocation to each promoter
documents of equivalent probative value. form of receipted invoices or accounting documents of
and partner. The proposed requirements would reduce administrative
Alternatively, project promoters and project partners equivalent probative value. Alternatively, project
may opt to submit proof of expenditure by way of the promoters and project partners may opt to submit
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reports described in paragraph 4. The Programme proof of expenditure by way of the reports described burden and/or the cost of audit certificates which have in some cases been
Operator may limit this option to international in paragraph 4. The Programme Operator may limit very disproportionate to the size of the grant allocated.
organisations or bodies or agencies thereof and project this option to international organisations or bodies or
For (a) the entities would still need to keep proof of expenditure as per
partners whose primary location is outside the agencies thereof and project partners whose primary
paragraph 1 which can be audited as per paragraph 5. The risk of misuse of
Beneficiary State. location is outside the Beneficiary State. The
funds by Project Promoters is therefore mitigated. In the case of entities
requirements for submission of proof of expenditure
from the donor states, the best approach to take needs to be considered by
shall be proportional to the total grant allocation to
the donors, the FMC could on a sample basis request access to the
each promoter and/or partner:
supporting documents to keep a level of control for donor state entities
(a) proof of expenditure shall not be submitted by a falling under this threshold.
Project Promoter or a project partner where the total
For (b) submission of proof of expenditure is needed but by limiting the
grant allocation from the programme to the respective
submission to the end of the project, disproportionate administrative
Project Promoter or project partner within a project
burdens are prevented.
does not exceed EUR 5,000;
For (c) the PO’s discretion to limit the valid proof of expenditure forms for
(b) where the total grant allocation from the
Beneficiary States entities is retained for large projects. Entities whose
programme to the respective Project Promoter or
primary location is outside the Beneficiary States can still use audit reports
project partner within a project does not exceed EUR
in all cases.
100,000 but is higher than EUR 5,000, proof of
expenditure shall be submitted once, at the end of the
project. Project Promoters and project partners may
submit proof of expenditure by way of any option
identified in paragraph 3;
(c) where the total grant allocation from the
programme to the respective Project Promoter or
project partner exceeds EUR 100,000, proof of
expenditure shall be submitted no more than once per
year. Project Promoters and project partners may
submit proof of expenditure by way of any option
identified in paragraph 3, however the Programme
Operator may require Project Promoters or project
partners whose primary location is within the
Beneficiary State to submit proof of expenditure in
accordance with point (a) of paragraph 3.
4. A report by an independent auditor qualified to 4. A report by an independent auditor qualified to
carry out statutory audits of accounting documents, carry out statutory audits of accounting documents,
certifying that the claimed costs are incurred in certifying that the claimed costs are incurred in
accordance with this Regulation, the national law and accordance with this Regulation, the national law and
relevant national accounting practices, shall, subject to relevant national accounting practices, shall, subject to
paragraph 3, be accepted as sufficient proof of paragraph 3, be accepted as sufficient proof of
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expenditure incurred. A report issued by a competent expenditure incurred. A report issued by a competent
and independent public officer recognised by the and independent public officer recognised by the
relevant national authorities as having a budget and relevant national authorities as having a budget and
financial control capacity over the entity incurring the financial control capacity over the entity incurring the
costs and who has not been involved in the preparation costs and who has not been involved in the preparation
of the financial statements, certifying that the claimed of the financial statements, certifying that the claimed
costs are incurred in accordance with this Regulation, costs are incurred in accordance with this Regulation,
the relevant law and national accounting practices, the relevant law and national accounting practices,
shall, subject to paragraph 3, also be accepted as shall, subject to paragraph 3, also be accepted as
sufficient proof of expenditure incurred. sufficient proof of expenditure incurred.
5. Upon request by the FMC or the EFTA Board of 6. Notwithstanding the requirements for submission of
Auditors, the Project Promoter or project partner shall proof of expenditure, specified in paragraph 5, Upon
grant access to the supporting documents on the basis request by the FMC or the EFTA Board of Auditors
of which the report referred to in paragraph 4 was shall be granted access to the supporting documents
issued. Upon request by the Audit Authority, a Project referred to in paragraph 1, held by, the Project
Promoter or project partner located within the Promoters or project partners. shall grant access to the
respective Beneficiary State, shall grant access to the supporting documents on the basis of which the report
supporting documents on the basis of which the report referred to in paragraph 4 was issued. Upon request by
referred to in paragraph 4 was issued. Tthe Audit Authority shall be granted access to the
supporting documents referred to in paragraph 1 held
by, a Project Promoters or project partners located
within the respective Beneficiary State., shall grant
access to the supporting documents on the basis of
which the report referred to in paragraph 4 was issued.
7. The submission of supporting documents shall be In some cases, entities have been asked to provide proof of expenditure that
subject to national and European Union law on data they deem they cannot legally provide because of data protection rules, such
protection. as payslips.
6. Overheads identified according to paragraphs 1(b), 6. Overheads identified according to paragraphs 1(b),
(c), and (d) of Article 8.5, do not need to be supported (c), and (d) of Article 8.5, do not need to be supported
by proof of expenditure. by proof of expenditure.
7. Where the project grant takes the form of a lump 7. Where the project grant takes the form of a lump
sum or standard scales of unit costs, proof of sum or standard scales of unit costs, proof of
expenditure is limited to proof of the relevant units. expenditure is limited to proof of the relevant units.
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8. This article shall apply mutatis mutandis to all This paragraph has been added to make clear that this Article also applies
expenditure unless otherwise explicitly stated in this to bilateral initiatives. In addition, the general rules on proof of expenditures
Regulation. apply for all entities and this paragraph removes the need to reference them
specifically in the paragraphs above.
Article 8.13 A new Article has been added to cater for what needs to be provided as proof
of conditions fulfilled in case expenditure is covered by simplified cost
Proof of conditions fulfilled for simplified cost
options.
options
1. The costs covered by flat rates do not need to be
supported by proof of expenditure. Where flat rates are
used, the proof of conditions fulfilled depends on the
reimbursement method of the basis costs:
(a) In case the basis cost is reimbursed pursuant to
point (a) of Article 8.3.1, Article 8.12 shall apply
to the basis cost;.
(a)(b) In case the basis cost is reimbursed pursuant
to points (b) and (c) of Article 8.3.1, paragraph 2
shall apply to the basis cost.
2. Where the project grant takes the form of a lump
sum or unit costs, proof of conditions fulfilled is
limited to proof of outputs and/or results delivered and
the relevant units, respectively.
3. Underlying expenditure covered by simplified cost
options shall not be part of audits or management
verifications.
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Article 8.13 Article 8.14
Period of eligibility of expenditures in projects Period of eligibility of expenditures in projects
1. The first and final dates of eligibility of each project The sentence is moved from paragraph 2 to state the general rule.
shall be stated in the project contract for that project.
1. Unless a later date is provided in the programme 2. Unless a later date is provided in the pProgramme
agreement, programme implementation agreement, or aAgreement, programme implementation agreement,
the project contract, expenditure incurred shall be or the project contract, expenditure incurred shall be
eligible for assistance as of the date on which the eligible for assistance as of the date on which the
Programme Operator decides on which projects shall Programme Operator decides on which projects shall
be supported. The Programme Operator shall in the be supported. The Programme Operator shall in the
same decision fix the final date of eligibility which same decision fix the final date of eligibility which
shall be no later than either one year after the shall be no later than either one year after the
scheduled completion of the project or the date scheduled completion of the project or the date
referred to in paragraph 3, whichever is earlier. referred to in paragraph 3, whichever is earlier.
2. The first and final dates of eligibility of each project 3. The first and final dates of eligibility of each project Notification of the FMC by the NFP on the appraisal of the PDPs was
shall be stated in the project contract for that project. shall be stated in the project contract for that project. deleted to align with the change made in Chapter 6 (Article 6.5.3) where the
The first date of eligibility of any pre-defined project The first date of eligibility of any pre-defined project appraisal of pre-defined projects by the NFP has been removed. Starting
shall be no earlier than the date on which the National shall be no earlier than the date of entry into force of date of eligibility for PDPs has been set to the entry into force of the PA.
Focal Point notifies the FMC of a positive appraisal of the Programme Agreement. on which the National
the pre-defined project by the Programme Operator in Focal Point notifies the FMC of a positive appraisal of
accordance with paragraph 3 of Article 6.5. the pre-defined project by the Programme Operator in
accordance with paragraph 3 of Article 6.5.
3. Expenditures incurred after 30 April 2024 shall not 4. Expenditures incurred after 30 April 20242031 shall
be eligible. not be eligible.
4. If a project has not been completed on its final date 5. If a project has not been completed by the date of This reformulation is to reflect the current reality, namely that the
of eligibility, the Programme Operator shall ensure submission of the Final Programme Report, as defined Beneficiary States can complete projects with their own funds, without
that funds are made available to complete the project in Article 6.8.2, the Programme Operator shall explicitly stating that.
in a timely manner. If such funds cannot be reimburse to the FMC its financial contribution to the
guaranteed, the Programme Operator shall reimburse project. If clearly identifiable and viable components
to the FMC its financial contribution to the project. If, of the projects have been completed, the FMC may
at the date of the final date of eligibility, clearly waive, in full or in part, its right to reimbursement.
identifiable and viable components of the projects
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have been completed, the FMC may waive, in full or If a project has not been completed on its final date of
in part, its right to reimbursement. eligibility, the Programme Operator shall ensure that
funds are made available to complete the project in a
timely manner. If such funds cannot be guaranteed, the
Programme Operator shall reimburse to the FMC its
financial contribution to the project. If, at the date of
the final date of eligibility, clearly identifiable and
viable components of the projects have been
completed, the FMC may waive, in full or in part, its
right to reimbursement.
Article 8.14 Article 8.15
Durability of projects Durability of projects
1. The Programme Operator shall ensure that projects 1. The Programme Operator shall ensure that in the The requirement to keep the projects mentioned in paragraph 1
that involve investment in real estate and/or land case of projects that involve investment in real estate “operational” is removed as it does not always make sense for projects to be
(including renovation) are operational for at least five and/or land (including construction, reconstruction operational for five years, depending on the nature of the project. With the
years after the Programme Operator’s approval of the and renovation) are operational for at least five years reformulation of the text there is still an obligation to use the real estate/land
project completion report and that the real estate after the Programme Operator’s approval of the for at least 5 years for its intended purpose as described in the project
and/or land is used for the purpose of the project as project completion report and that the real estate contract.
described in the project contract. and/or land is used for the purpose of the project as
described in the project contract for at least five years
after the Programme Operator’s approval of the
project completion report.
2. For other projects, the period of minimum post- 2. For other projects, the period of minimum post-
completion operation shall be determined by the completion operation shall be determined by the
Programme Operator, described in the call for Programme Operator, described in the call for
proposals and included in the project contract. The proposals and included in the project contract. The
determination of this period shall be guided by the aim determination of this period shall be guided by the aim
of promoting the sustainability of the project and of of promoting the sustainability of the project and of
ensuring that the financial support provided to the ensuring that the financial support provided to the
project generates the maximum benefits to its target project generates the maximum benefits to its target
group and final beneficiaries. group and final beneficiaries.
3. The Beneficiary State and the Programme Operator 3. The Beneficiary State and the Programme Operator
shall ensure that the Project Promoter retains the shall ensure that the Project Promoter retains the
contribution from the EEA Financial Mechanism contribution from the EEA Financial Mechanism
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2014-2021 only if the project is in compliance with 2014-20212021-2028 only if the project is in
paragraphs 1 and 2. compliance with paragraphs 1 and 2.
Article 8.15 Article 8.16
Procurement Procurement
1. Applicable national and European Union law on 1. Applicable national and European Union law on
public procurement shall be complied with at any level public procurement shall be complied with at any level
in the implementation of programmes and projects. in the implementation of programmes and projects.
2. A Project Promoter that receives 50% or more of the 2. A Project Promoter that receives 50% or more of the To change has been made to avoid impossibilities for private entities,
eligible expenditure of the project as a project grant eligible expenditure of the project as a project grant including NGOs, because national rules have been written with public
from a programme under the EEA Financial from a programme under the EEA Financial entities in mind. However, it will still be expected that entities follow the
Mechanism 2014-2021 shall conduct its procurement Mechanism 2014-20212021-2028 shall conduct its rules that are possible for them to comply with.
for that project in compliance with the national public procurement for that project in line with rules that
procurement law as though the Project Promoter were apply for contracting authorities compliance with the
a contracting authority under point 1 of Article 1 of national public procurement law as though the Project
Directive 2014/24/EU of the European Parliament and Promoter were a contracting authority under point 1 of
of the Council of 26 February 2014 on public Article 1 of Directive 2014/24/EU of the European
procurement and repealing Directive 2004/18/EC, Parliament and of the Council of 26 February 2014 on
where the amount of the contract is at or above public procurement and repealing Directive
European Union thresholds set for public 2004/18/EC, where the amount of the contract is at or
procurement. This paragraph applies mutatis mutandis above European Union thresholds set for public
to project partners. procurement. A Project Promoter that is a ‘contracting
authority’ within the meaning of the EU Directives on
public procurement must comply with the applicable
national law on public procurement. A Project
Promoter that receives 50% or more of the eligible
expenditure of the project as a project grant from a
programme under the EEA Financial Mechanism
2014-2021 shall follow an open procurement
procedure, where the amount of the contract is at or
above European Union thresholds set for public
procurement. In such cases any economic operator
may submit a tender. The invitation to tender needs to
be published at least on the Project website and in
other relevant media. The tender documents need to
include clear and precise exclusion, selection and
award criteria. The selection process needs to be
documented. The minimum time limit for the
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submission of tenders is 35 days from the publication
date of the contract notice. This paragraph applies
mutatis mutandis to project partners.
3. In cases where contracts concluded as part of the 3. In cases where contracts concluded as part of the
implementation of the Programme fall below the implementation of the Programme fall below the
European Union thresholds set for public procurement European Union thresholds set for public procurement
or outside the scope of the applicable public or outside the scope of the applicable public
procurement laws, the awarding of such contracts procurement laws, the awarding of such contracts
(including the procedures prior to the awarding) and (including the procedures prior to the awarding) and
the terms and conditions of such contracts shall, in line the terms and conditions of such contracts shall, in line
with the principle of proportionality, comply with best with the principle of proportionality, comply with best
economic practices, including accountability, allow a economic practices, including accountability, allow a
full and fair competition between potential providers, full and fair competition between potential providers,
for example by way of effective price comparison, and for example by way of effective price comparison, and
ensure the optimal use of resources from the EEA ensure the optimal use of resources from the EEA
Financial Mechanism 2014-2021. Financial Mechanism 2014-20212021-2028.
4. Procurement procedures in projects implemented by
an International Organisation, in which each Donor
State is a member, shall be carried out in accordance
with the procurement rules established by that
International Organisation.
4. The highest ethical standards, as well as the 5. The highest ethical standards, as well as the
avoidance of any conflict of interests, shall be avoidance of any conflict of interests, shall be
observed during the procurement and execution of observed during the procurement and execution of
contracts. The Programme Operator shall ensure the contracts. The Programme Operator shall ensure the
application of adequate and effective means to prevent application of adequate and effective means to prevent
illegal or corrupt practices. No offer, gifts, payments illegal or corrupt practices. No offer, gifts, payments
or benefit of any kind, which would or could, either or benefit of any kind, which would or could, either
directly or indirectly, be construed as an illegal or directly or indirectly, be construed as an illegal or
corrupt practice, e.g. as an inducement or reward for corrupt practice, e.g. as an inducement or reward for
the award or execution of procurement contracts, shall the award or execution of procurement contracts, shall
be accepted. be accepted.
6. This Article is without prejudice to the freedom to This paragraph has been inserted to make it clear that the best value for
define, in conformity with the applicable national money does not necessarily have to equal the cheapest option, and that
legislation, the characteristics of the goods, services or
works to be provided, including the freedom to make
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procurement decisions based on social, environmental basing decisions on, inter alia, sustainability and social criteria should be
and/or sustainability criteria. allowed, which would align with the values of the Grants.
5. The Programme Operator shall ensure that records 7. The Programme Operator shall ensure that records
of the awarding and execution of contracts are kept for of the awarding and execution of contracts are kept for
at least three years from the closure of the programme at least three years from the closure of the programme
and provided upon request to the FMC. and provided upon request to the FMC.
8. This Article shall apply mutatis mutandis to all
expenditure unless explicitly stated otherwise in this
Regulation.
Article 8.16 Article 8.17
State Aid State Aid
The National Focal Point shall ensure that any public The National Focal Point shall ensure that any public The programme implementation agreement has been removed from the
support under the EEA Financial Mechanism 2014- support under the EEA Financial Mechanism 2014- Regulation.
2021 complies with the procedural and substantive 20212021-2028 complies with the procedural and
state aid rules applicable at the time when the public substantive state aid rules applicable at the time when
support is granted. The National Focal Point shall, by the public support is granted. The National Focal
way of the programme implementation agreement, Point shall, by way of the programme implementation
ensure that the Programme Operator maintains written agreement, ensure that the Programme Operator
records of all assessments concerning compliance with maintains written records of all assessments
state aid rules, in particular decisions to award grants concerning compliance with state aid rules, in
and set grant rates, and provides such records to the particular decisions to award grants and set grant rates,
FMC upon request. In no case shall any act or and provides such records to the FMC upon request.
omission by the FMC be taken as to imply a positive In no case shall any act or omission by the FMC be
assessment of such compliance. taken as to imply a positive assessment of such
compliance.
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Financial management
Current text New text (with track changes) Comments
Chapter 9 Chapter 9
Financial management Financial management
Article 9.1 Article 9.1
Common rules for payments Common rules for payments
1. Payments to programmes shall be made when all 1. Payments to programmes shall be made when all
relevant conditions for payments stipulated in the relevant conditions for payments stipulated in the
programme agreement and this Regulation have been pProgramme aAgreement and this Regulation have
fulfilled. Extraordinary advance payments in respect been fulfilled. Extraordinary advance payments in
of costs related to the preparation of programmes may respect of costs related to the preparation of
be approved by the FMC, in accordance with programmes may be approved by the FMC, in
paragraph 8 of Article 8.10. accordance with paragraph 8 of Article 8.10.8.
2. Payments to programmes shall take the form of 2. Payments to programmes shall take the form of
advance payments, interim payments and payments of advance payments, interim payments and payments of
the final balance. Without prejudice to paragraph 3, the final balance. Without prejudice to paragraph 3,
they shall be made to the designated account of the they shall be made to the designated account of the
Beneficiary State. Subject to contrary provisions in Beneficiary State. Subject to contrary provisions in
national law, the Beneficiary State shall ensure that national law, the Beneficiary State shall ensure that
payments received from the FMC are made available payments received from the FMC are made available
to the Programme Operator within 15 working days to the Programme Operator within 15 working days
from reception of the payment. from reception of the payment.
3. The FMC and the National Focal Point may agree 3. The FMC and the National Focal Point may agree
to transfer payments directly from the FMC to the to transfer payments directly from the FMC to the
designated account of the Programme Operator. designated account of the Programme Operator.
4. The FMC may retain up to 10% of the management 4. The FMC may retain up to 10% of the management
cost allocation to the programme. The retained amount cost allocation to the programme. The retained amount
shall not be paid until the final programme report has shall not be paid until the fFinal pProgramme rReport
been approved by the FMC. has been approved by the FMC.
5. Payments to programmes shall be calculated by 5. Payments to programmes shall be calculated by
applying the co-financing rate laid down in the applying the co-financing rate laid down in the
programme agreement. The principle of pro rata pProgramme aAgreement. The principle of pro rata
financing shall apply, meaning that the payments of financing shall apply, meaning that the payments of
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the programme grant from the FMC shall be matched the programme grant from the FMC shall be matched
within one month by payment from the entity or within one month by payment from the entity or
entities responsible for providing the co-financing. entities responsible for providing the co-financing.
6. In case of discrepancies in payments which are due 6. In case of discrepancies in payments which are due This paragraph is deleted as non-relevant in view of new language under
to rounding errors and which cumulatively do not to rounding errors and which cumulatively do not 9.5.1 (‘The amounts shall be rounded in accordance with criteria set by the
exceed € 50, the relevant amounts shall be taken into exceed € 50, the relevant amounts shall be taken into FMC’).
account in the calculation of the final balance referred account in the calculation of the final balance referred
to in Article 9.4.1. to in Article 9.4.1.
7. Payments of the project grant to the Project 67. Payments of the project grant to the Project
Promoters may take the form of advance payments, Promoters may take the form of advance payments,
interim payments and payments of the final balance. interim payments and payments of the final balance.
The level of advance payments and their off-set The level of advance payments and their off-set
mechanism shall be set in the programme agreement. mechanism shall be set in the programme agreement.
Article 9.2 Article 9.2 T
Advance payments Advance payments
Advance payments are the part of the programme Advance payments are the part of the programme A maximum of 20% is introduced for the advance payment as sufficient for
grant necessary to cover its share of justified estimated grant necessary to cover its share of justified estimated the Grants; in case there is a need for a larger amount there will still be a
programme expenditure until the first interim payment programme expenditure until the first interim payment payment following the first IFR.
referred to in paragraph 1 of Article 9.3 is due. The referred to in paragraph 1 of Article 9.3.1 is due. An
maximum advance payment shall be set in the The maximum advance payment of up to 20% shall be
programme agreement. The advance payment shall be set in the pProgramme aAgreement. The advance
made when the relevant conditions in the programme payment shall be made when the relevant conditions
agreement and this Regulation have been fulfilled. in the pProgramme aAgreement and this Regulation
have been fulfilled.
Article 9.3 Article 9.3 The title is extended to cover the inclusion of the forecast and to better
Interim payments Interim paymentsreporting, payments and reflect the content of the Article that also covers the reporting arrangements.
forecast
1. The reporting periods in each calendar year shall be 1. The reporting periods in each calendar year (year n) The reporting periods have been adjusted to follow the calendar year.
as follows: shall be as follows:
(a) 1 January - 30 June for actual expenditure (a) 1 January - 30 June (year n) for actual expenditure
incurred and 1 November - 30 April for proposed incurred and 1 January - 30 June (year n+1) 1
expenditure; November - 30 April for proposed expenditure;
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(b) 1 July - 31 December for actual expenditure (b) 1 July - 31 December (year n-1) for actual
incurred and 1 May - 31 October for proposed expenditure incurred and 1 July - 31 December
expenditure. (year n)1 May - 31 October for proposed
expenditure.
2. Interim payments shall be paid based on an interim 2. Interim payments shall be paid based on an iInterim The change is made for clarification purposes, i.e. to mirror what is in
financial report submitted by the Programme Operator fFinancial rReport submitted prepared by the Article 5.4 on the responsibilities of the Certifying Authority.
in a format provided by the FMC, certified by the Programme Operator in a format provided by the
Certifying Authority in accordance with Article 5.4, FMC, certified and submitted by the Certifying
and approved by the FMC. Authority in accordance with Article 5.4, and
approved by the FMC.
3. Without prejudice to paragraph 10 and subject to 3. Without prejudice to paragraph 10 and subject to
budgetary appropriations of the Donor States, interim budgetary appropriations of the Donor States, interim
payments from the FMC shall be made by the payments from the FMC shall be made by the
following payment dates: 15 April and 15 October. following payment dates: 15 30 April and 15
Should a payment date land on a weekend or an EFTA OctoberNovember. Should a payment date land on a
public holiday, the payment shall be made on the next weekend or an EFTA public holiday, the payment
EFTA working day. shall be made on the next EFTA working day.
4. Interim financial reports shall be received by the 4. Interim fFinancial rReports shall be received by the
FMC according to the following schedule: FMC according to the following schedule:
(a) on, or before, 15 March for payments to be made (a) on, or before, 15 March the last day of February
by 15 April; for payments to be made by 1530 April;
(b) on, or before, 15 September for payments to be (b) on, or before, 15 September for payments to be
made by 15 October. made by 15 30 October15 November.
5. Payment based on an interim financial report 5. Payment based on If an iInterim fFinancial rReport Some rephrasing was made to provide for more clarity. Change from “if an
received after its due date but on, or before, the is received after its due date but on, or before, the interim financial report has not been received within twelve months [..]”
following due date referred to in paragraph 4 shall be following due date referred to in paragraph 4, the was changed to “Expenditure reported after twelve months[…]”. The
due as the report would have been received on its report shall be considered as due as the report would change intends to cover cases where expenditure is reported after 12 months
following due date. If an interim financial report has have been received on its following due date. from the end of the reporting period (p,ex, expenditure on procurement on
not been received within twelve months from the end Expenditure reported after If an interim financial which we are not aware of until this is declared).
of the reporting period in which expenditure has been report has not been received within twelve months
The possibility for the FMC to decide otherwise on ineligible and cancelled
incurred by the Programme Operator, the expenditure from the end of the reporting period in which
expenditure, although always an option, has been made explicit.
for that period shall be declared ineligible and expenditure it has been incurred by the Programme
cancelled. Operator. , the expenditure for that period shall be
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declared ineligible and cancelled, unless otherwise
decided by the FMC.
6. Interim financial reports shall include: 6. Interim fFinancial rReports shall include: The forecast process, currently regulated in Article 9.5, is simplified by
being aligned and integrated in the IFR, which would result in less work for
(a) a statement of actual expenditure incurred during (a) a statement of actual expenditure incurred during
the Beneficiary States. In this regard, the submission of forecast has moved
the reporting period preceding the payment date; the reporting period preceding the payment date; to point (b), as part of the IFR. Following that:
and and
− only two periods for the submission of the forecast are maintained,
(b) a statement of proposed expenditure for the (b) a statement of proposed expenditure for the in alignment with the IFR;
reporting period immediately following the reporting period immediately following the − the template for forecasts (Annex 8) will be removed from the
payment date. payment date; Annexes of the Regulation; however, its content is maintained and
will be part of the IFR module in Grace.
(c) information on progress towards achieving (c) a justified forecast of likely payment applications
outputs and outcomes, as appropriate. from the Beneficiary State, in a format provided
by the FMC; and
(c)(d) iInformation on progress towards achieving
outputs and outcomes, as appropriate.
7. The actual incurred expenditure for the last 7. The actual incurred expenditure for the last
reporting period shall be reported in the final reporting period shall be reported in the fFinal
programme report. pProgramme rReport.
8. When the interim financial report has been 8. When the iInterim fFinancial rReport has been
provided, the FMC shall verify that it is in the correct provided, the FMC shall verify that it is in the correct
form and that the conditions for payment have been form and that the conditions for payment have been
met. If that verification is positive, interim payments met. If that verification is positive, interim payments
shall be transferred no later than on the payment dates shall be transferred no later than on the payment dates
referred to in paragraph 3. referred to in paragraph 3.
9. Interim payments shall in principle consist of the 9. Interim payments shall in principle consist of the Term has changed to ‘programme account balance’ since ‘cash account’ is
proposed expenditure for the respective reporting proposed expenditure for the respective reporting not used anymore.
period less the expected cash balance at the start of that period less the expected cash programme account
period for the proposed expenditure. The FMC may balance at the start of that period for the proposed
modify the amount of the interim payment if the expenditure. The FMC may modify the amount of the
proposed expenditures are considered to be interim payment if the proposed expenditures are
unjustified. The FMC shall provide the National Focal considered to be unjustified. The FMC shall provide
Point, Certifying Authority and the Programme the National Focal Point, Certifying Authority and the
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Operator with a justification of the modification Programme Operator with a justification of the
without delay. modification without delay.
10. Should verification according to paragraph 8 be 10. Should verification according to paragraph 8 be
negative, the FMC, the National Focal Point and the negative, the FMC, the National Focal Point and the
Programme Operator shall closely cooperate to Programme Operator shall closely cooperate to
remedy the deficiencies. The FMC may provisionally remedy the deficiencies. The FMC may provisionally
hold interim payments until such deficiencies have hold interim payments until such deficiencies have
been remedied. When the FMC, after receiving all been remedied. When the FMC, after receiving all
necessary information, has positively verified interim necessary information, has positively verified iInterim
financial report, it shall at the first possible payment fFinancial rReport, it shall at the first possible payment
date or when it deems it necessary following that date or when it deems it necessary following that
verification release the payment due, unless the FMC verification release the payment due, unless the FMC
decides to make use of remedies provided in decides to make use of remedies provided in
Chapter 13. Chapter 13.
Article 9.4 Article 9.4
Payment of the final balance Payment of the final balance
1. The final balance is: 1. The final balance is: Language in point (a) of paragraph 1 of this Article is deleted as non-
relevant in view of new language in Article 9.5.1 (‘The amounts shall be
(a) the total reported eligible expenditure of the (a) the total reported eligible expenditure of the
rounded in accordance with criteria set by the FMC’) and deletion of Article
programme, taking into account any previous programme, taking into account any previous 9.1.6.
reimbursements and the amounts referred to in reimbursements and the amounts referred to in
paragraph 6 of Article 9.1, paragraph 6 of Article 9.1,
(b) less the following amounts: (b) less the following amounts:
(i) the total advance and interim payments to the (i) the total advance and interim payments to the
programme from the FMC; programme from the FMC;
(ii) any co-financing from sources other than the EEA (ii) any co-financing from sources other than the
Financial Mechanism 2014-2021; EEA Financial Mechanism 2014-20212021-
2028;
(iii) total interest earned until the date of the final
programme report ;and (iii) total interest earned until the date of the
fFinal pProgramme rReport; and
(iv) any funds reimbursed from Project Promoters to
the Programme Operator, not paid to other projects or (iv) any funds reimbursed from Project Promoters
reimbursed to the FMC. to the Programme Operator, not paid to other
projects or reimbursed to the FMC.
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2. The EEA Financial Mechanism 2014-2021 share of 2. The EEA Financial Mechanism 2014-20212021-
the final balance is the final balance according to 2028 share of the final balance is the final balance
paragraph 1 multiplied by the programme grant rate. according to paragraph 1 multiplied by the programme
grant rate.
3. The final balance shall be calculated and reported in 3. The final balance shall be calculated and reported in
the financial annex to the final programme report in the financial annex to the fFinal pProgramme rReport
accordance with guidelines adopted by the FMC). in accordance with guidelines adopted by the FMC.
4. Any final balance payable to the Programme 4. Any final balance payable to the Programme
Operator shall be transferred by the FMC no later than Operator shall be transferred by the FMC no later than
one month after FMC’s approval of the final one month after FMC’s approval of the fFinal
programme report. pProgramme rReport.
5. Any final balance payable to the FMC shall be 5. Any final balance payable to the FMC shall be
reimbursed to the FMC within the same deadline. Any reimbursed to the FMC within the same deadline. Any
interest earned on the bank account of the Programme interest earned on the bank account of the Programme
Operator between the date of the final programme Operator between the date of the fFinal pProgramme
report and the reimbursement date shall be included in rReport and the reimbursement date shall be included
the reimbursement. in the reimbursement.
Article 9.5 Article 9.5
Forecast of likely payment applications Forecast of likely payment applications
At the latest by 20 February, 20 April, 20 September At the latest by 20 February, 20 April, 20 September Forecast has been moved to point (b) of Article 9.3.6.
and 20 November each year, the Certifying Authority and 20 November each year, the Certifying Authority
shall send to the FMC, in a format provided by the shall send to the FMC, in a format provided by the
FMC (Annex 8), a justified forecast of likely payment FMC (Annex 8), a justified forecast of likely payment
applications from the Beneficiary State. applications from the Beneficiary State.
Article 9.6 Article 9.56
Use of the euro Use of the euro
1. Amounts set out in programmes, interim financial 1. Amounts set out in programmes, iInterim fFinancial In practice, some systems in Beneficiary States required working with cents,
reports, annual programme reports and final rReports, Country rReports and fFinal pProgramme leading to discrepancies due to the different rounding criteria between Grace
programme reports shall be denominated in euro. rReports shall be denominated in euro. Programme and the Beneficiary States’ own systems and delays in the completion of
Programme grants and payments from the FMC to grants and payments from the FMC to entities in the programme modifications and approval of payments.
entities in the Beneficiary State, shall be denominated Beneficiary State, shall be denominated and carried
In line with the new approach the criteria used by Grace will be shared with
out in euro. The amounts shall be rounded in
the Beneficiary States; the latter may adapt their own systems or be able to
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Financial management
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and carried out in euro. The amounts shall be rounded accordance with criteria set by the FMC to the nearest trace the sources of potential differences caused by the rounding, knowing
to the nearest euro. euro . that the amounts provided by the FMC are the valid ones.
2. Programme Operators in Beneficiary States that 2. Programme Operators in Beneficiary States that The term ‘registered’ is replaced by ‘paid’ (by the PO) to the project to be
have not adopted the euro as their currency on the date have not adopted the euro as their currency on the date as close as possible to the exchange rate used.
of an application for payment shall convert into euro of an application for payment shall convert into euro
the amounts of expenditure incurred in their national the amounts of expenditure incurred in their national
currency. This amount shall be converted into euro currency. This amount shall be converted into euro
using the monthly accounting exchange rate of the using the monthly accounting exchange rate of the
European Commission in the month during which the European Commission in the month during which the
expenditure was registered in the accounts of the expenditure was registered in the accounts of paid by
Programme Operator of the programme concerned. the Programme Operator of the programme concerned.
3. When the euro becomes the currency of a 3. When the euro becomes the currency of a
Beneficiary State, the conversion procedure set out in Beneficiary State, the conversion procedure set out in
paragraph 2 shall continue to apply to all expenditure paragraph 2 shall continue to apply to all expenditure
recorded in the accounts by the Programme Operator recorded in the accounts by the Programme Operator
before that date. before that date.
4. Irrespective of the currency used by a Beneficiary 4. Irrespective of the currency used by a Beneficiary
State in the implementation of programmes and State in the implementation of programmes and
projects, including the currency of the project contract, projects, including the currency of the project contract,
neither the Donor States nor the FMC are responsible neither the Donor States nor the FMC are responsible
for losses resulting from exchange rate fluctuations. for losses resulting from exchange rate fluctuations.
Article 9.7 Article 9.67
Interest Interest
1. Any interest generated on the following bank 1. The Certifying Authority shall annually as part of Negative interest is added and it is made explicit that it is considered an
accounts shall be regarded as a resource for the FMC: the Interim Financial Report referred to in point (b) of eligible cost to be covered by and within the total allocation of the technical
Article 9.3.1, and for the calculation of the final assistance and the programme management costs.
(a) accounts held in the Beneficiary State on which
balance referred to in Article 9.4.1, declare to the FMC
funds from the FMC are kept until they are The paragraph was restructured and merged partially with paragraph 2 for
any interest earned or paid on the following
transferred to the Programme Operators; and clarity.
accountsAny interest generated on the following bank
accounts shall be regarded as a resource for the FMC:
(b) accounts established by the Programme Operator
according to paragraph 1(m) of Article 5.6 for
funds intended for regranting.
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(a) accounts held in the Beneficiary State on which
funds from the FMC are kept until they are transferred
to the Programme Operators; and
(b) accounts established by the Programme Operator
according to paragraph 1point (m) of Article 5.6.1 for
funds intended for regranting.
Interest earned shall be regarded as a resource for the
FMC. Interest paid shall be considered as an eligible
expenditure within the budget of the programme
management costs or Technical Assistance.
2. The Certifying Authority shall annually as part of 2. The Certifying Authority shall annually as part of Text moved to and merged with paragraph 1 above.
the interim financial report referred to in Article the interim financial report referred to in Article
9.3.1(b), declare to the FMC any interest earned on the 9.3.1(b), declare to the FMC any interest earned on the
accounts referred to in point (b) of paragraph 1 . In the accounts referred to in point (b) of paragraph 1 . In the
case of Technical Assistance, the Certifying Authority case of Technical Assistance, the Certifying Authority
shall also annually declare to the FMC as part of the shall also annually declare to the FMC as part of the
interim financial report referred to in Article 9.3.1(b) interim financial report referred to in Article 9.3.1(b)
any interest earned on the accounts referred to in point any interest earned on the accounts referred to in point
(a) of paragraph 1. The Certifying Authority shall (a) of paragraph 1. The Certifying Authority shall
verify the correctness of the declared interest. The verify the correctness of the declared interest. The
interest earned shall be taken into account for the interest earned shall be taken into account for the
calculation of the final balance referred to in Article calculation of the final balance referred to in Article
9.4.1. 9.4.1.
3. Beneficiary States that have not adopted the euro as 3. Beneficiary States that have not adopted the euro as
their currency and use accounts held in the national their currency and use accounts held in the national
currency shall convert the interest earned into euros currency shall convert the interest earned into euros
using the average of the monthly accounting exchange using the average of the monthly accounting exchange
rates of the European Commission. rates of the European Commission.
Article 9.8 Article 9.78
Transparency and availability of documents Transparency and availability of documents
1. The Beneficiary State shall ensure an audit trail for 1. The Beneficiary State shall ensure an audit trail for
financial contributions from the EEA Financial financial contributions from the EEA Financial
Mechanism 2014-2021 that permits: Mechanism 2014-20212021-2028 that permits:
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(a) reconciliation of the expenditure certified by the (a) reconciliation of the expenditure certified by the
Certifying Authority in the interim financial reports Certifying Authority in the iInterim fFinancial
and the final programme report and original rReports and the fFinal pProgramme rReport and
supporting documents held at the various original supporting documents held at the various
administrative levels and/or by the Programme administrative levels and/or by the Programme
Operator, the Project Promoter and its partners; and Operator, the Project Promoter and its partners; and
(b) verification of the allocation and transfer of the (b) verification of the allocation and transfer of
available EEA Financial Mechanism 2014-2021’s and the available EEA Financial Mechanism 2014-
national financial contributions. 20212021-2028’s and national financial contributions.
2. The Beneficiary State shall ensure that all the 2. The Beneficiary State shall ensure that all the
supporting documents regarding expenditure and supporting documents regarding expenditure and
audits on the programme concerned are kept either in audits on the programme concerned are kept either in
the form of originals or in versions certified to be in the form of originals or in versions certified to be in
conformity with the originals on commonly accepted conformity with the originals on commonly accepted
data carriers. data carriers.
3. The documents shall be kept available for the FMC 3. The documents shall be kept available for the FMC
and the EFTA Board of Auditors for a period of at least and the EFTA Board of Auditors for a period of at least
three years following the FMC’s approval of the final three years following the FMC’s approval of the fFinal
programme report. pProgramme rReport.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 142
Chapter 10
Evaluations
Current text New text (with track changes) Comments
Chapter 10 Chapter 10 The title of the chapter has been changed to reflect that the article regulating
Evaluations Evaluations and monitoring monitoring has been moved to this chapter.
Article 10.1 Article 10.1
Responsibilities of Beneficiary States Responsibilities of Beneficiary States
1. The Beneficiary State shall carry out evaluations of 1. The Beneficiary State shall carry out evaluations of The deadline for submission of the evaluation plan has been postponed, to
all programmes. It shall present its evaluation plan in all programmes. It shall present its evaluation plan in allow the Beneficiary State more time to prepare and review the plan.
the first Strategic Report. the first Strategic second Country Report.
2. Beneficiary States shall ensure that the resources 2. Beneficiary States shall ensure that the resources ”Made available”, to emphasize the need for the necessary resources to
necessary for carrying out evaluations are available, necessary for carrying out evaluations are made actually be allocated to the evaluation activities.
and shall ensure that procedures are in place to available, and shall ensure that procedures are in place
produce and collect the necessary data. to produce and collect the necessary data.
3. Evaluation shall be carried out by experts or entities 3. Evaluations shall be carried out by experts or
independent of the National Focal Point, the entities independent of the National Focal Point, the
Certifying Authority and the Programme Operator in Certifying Authority and the Programme Operator in
accordance with guidelines adopted by the FMC. accordance with guidelines adopted by the FMC.
4. The evaluation report shall be prepared in 4. The evaluation report shall be carried outprepared To emphasise that the obligation to comply with guidelines issued by the
accordance with guidelines issued by the FMC. The in accordance with guidelines issued by the FMC. The FMC encompasses the whole evaluation process, not just the preparation of
final report and a summary for the general public shall final report and a summary for the general public shall the report. This is necessary to ensure the quality of the evaluations.
be published. be published.
Article 10.2 Article 10.2
Role of the FMC Role of the FMC
1. The FMC may carry out evaluations related to the
1. The FMC may carry out evaluations related to the
overall objectives of the EEA Financial Mechanism
overall objectives of the EEA Financial Mechanism
2014-2021, objectives of programme areas or
2014-20212021-2028, objectives of programme areas
evaluations of the overall contribution of the EEA
or evaluations of the overall contribution of the EEA
Financial Mechanism 2014-2021 to a specific
Financial Mechanism 2014-20212021-2028 to a
Beneficiary State.
specific Beneficiary State.
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Evaluations
Current text New text (with track changes) Comments
2. The FMC may, in consultation with the Beneficiary 2. The FMC may, in consultation with the Beneficiary
State concerned, carry out evaluations of on-going or State concerned, carry out evaluations of on-going or
completed programmes to assess actual and/or completed programmes to assess actual and/or
expected effects at outcome level, in accordance with expected effects at outcome level, in accordance with
guidelines adopted by the FMC. guidelines adopted by the FMC.
3. The evaluation report shall be prepared in 3. The evaluation report shall be prepared carried out To emphasise that the obligation to comply with guidelines issued by the
accordance with guidelines issued by the FMC. The in accordance with guidelines issued by the FMC. The FMC encompasses the whole evaluation process, not just the preparation of
final report and a summary for the general public shall final report and a summary for the general public shall the report. This is necessary to ensure the quality of the evaluations.
be published be published
Article 10.3 The article about monitoring has been moved from Chapter 11 to Chapter
Monitoring 10. In addition, it has been given a new name to reflect that the monitoring
can be carried out by both the FMO and independent monitors.
Without prejudice to the monitoring carried out by the “external monitoring” has been replaced by “monitoring performed by the
National Focal Point or the Programme Operator, the FMO and/or external monitors” to reflect the current practice of the FMO.
FMC may select programmes for monitoring
performed by the FMO and/or external monitors. The Added “at least” to underline that the NFP and PO do not need to be
FMC shall inform the National Focal Point and the informed exactly two weeks in advance.
Programme Operator about any planned monitoring at
least two weeks in advance.
Article 10.4 The article concerning access from Chapter 11 has been added in a slightly
Access modified form to Chapter 10, to underline the importance of access also for
monitors and evaluators.
The persons performing evaluations and monitoring
according to this chapter shall upon request be granted
prompt, full, and unimpeded access to all information,
documents, persons, locations and facilities, public or
private, necessary for the evaluation or monitoring.
Such access shall be subject to the applicable
limitations under national legislation.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 144
Chapter 11
External monitoring and audits
Current text New text (with track changes) Comments
Chapter 11 Chapter 11 The title of the chapter has been changed to reflect that the article regulating
External monitoring and audits External monitoring and aAudits monitoring has been moved away from this chapter.
Article 11.1 Article 11.1 The article about monitoring has been moved from Chapter 11 to Chapter
External monitoring External monitoring 10, to better reflect its connection with results and programme management.
Without prejudice to the monitoring carried out by the Without prejudice to the monitoring carried out by the
National Focal Point or the Programme Operator, the National Focal Point or the Programme Operator, the
FMC may select programmes for external monitoring. FMC may select programmes for external monitoring.
The FMC shall inform the National Focal Point and The FMC shall inform the National Focal Point and
the Programme Operator about any planned the Programme Operator about any planned
monitoring two weeks in advance. monitoring two weeks in advance.
Article 11.2 Article 11.1
EFTA Board of Auditors EFTA Board of Auditors
1. The EFTA Board of Auditors may conduct audits of 1. The EFTA Board of Auditors may conduct audits of
all programmes and projects funded by the EEA all programmes and projects funded by the EEA
Financial Mechanism 2014-2021 as well as the Financial Mechanism 2014-20212021-2028 as well as
management of the EEA Financial Mechanism 2014- the management of the EEA Financial Mechanism
2021 in the Beneficiary State. The Beneficiary States’ 2014-20212021-2028 in the Beneficiary State. The
representatives shall, upon request, accompany the representatives of the Beneficiary States’
auditors and provide them with all the necessary representatives shall, upon request, accompany the
assistance. auditors and provide them with all the necessary
assistance.
2. The EFTA Board of Auditors shall, except in urgent 2. The EFTA Board of Auditors shall, except in urgent
cases, give two weeks’ notice to the FMC and the cases, give two weeks’ notice to the FMC and the
National Focal Point concerned before an audit is National Focal Point concerned before an audit is
carried out. carried out.
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External monitoring and audits
Current text New text (with track changes) Comments
Article 11.3 Article 11.2
Audits and on-the-spot verifications arranged by Audits and on-the-spot verifications arranged by
the FMC the FMC
1. Without prejudice to the audits carried out by the 1. Without prejudice to the audits carried out by the
Audit Authority, the FMC may arrange audits and on- Audit Authority, the FMC may arrange audits and on-
the-spot verifications of programmes and projects, and the-spot verifications of programmes and projects, as To better reflect the variety of audits already being performed by the FMC.
to verify the effective functioning of the management well as of the management of the EEA Financial
and control systems in the Beneficiary State. The Mechanism 2021-2028 in the Beneficiary Stateand to
National Focal Point’s representatives shall, upon verify the effective functioning of the management
request, accompany the authorised representatives of and control systems in the Beneficiary State. The
the FMC and provide them with all necessary representatives of the National Focal Point ’s
assistance. representatives shall, upon request, accompany the
authorised representatives of the FMC and provide
them with all necessary assistance.
2. The FMC shall, except in urgent cases, give two 2. The FMC shall, except in urgent cases, give two
weeks’ notice to the National Focal Point and the weeks’ notice to the National Focal Point and the
Programme Operator concerned before an audit or on- Programme Operator or other Beneficiary State To better reflect that the audits performed by the FMC can involve other
the-spot verification is carried out. entities concerned before an audit or on-the-spot Beneficiary State entities than the NFP and PO.
verification is carried out.
3. The National Focal Point and the Programme 3. The National Focal Point, and the Programme This paragraph has been modified to better reflect that the audits performed
Operator shall be given an opportunity to provide Operator where relevant, and theany other audited by the FMC can involve other Beneficiary state entities than the NFP and
comments to an audit report before it is finalised. entities shall be given an opportunity to provide PO.
comments to an audit report before it is finalised.
4. When planning and carrying out audits, the FMC Reflects the principles of proportionality and single audit that have been
shall, where possible, take into account the principles added to Chapter 5.
laid out in Article 5.5.5
Article 11.3
International Organisations
An International Organisation of which each Donor Where intergovernmental organisations have participated in projects, there
States is a member, may apply its own internal control has been unclarity regarding what rules to apply with regards to inter alia
framework as a substitute to the provisions on audits audit requirements. This article intends to clarify that intergovernmental
contained in this Regulation. organisations with all three Donor States as members may apply their own
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 146
Chapter 11
External monitoring and audits
Current text New text (with track changes) Comments
rules with regards to audits, and should in such cases not be audited by the
Audit Authority, the FMC or the EFTA Board of Auditors.
Article 11.4 Article 11.4
Access Access
The persons performing audits or on-the-spot The persons performing audits or on-the-spot
verifications according to this chapter shall upon verifications according to this chapter shall upon
request be granted prompt, full, and unimpeded access request be granted prompt, full, and unimpeded access
to all information, documents, persons, locations and to all information, documents, persons, locations and
facilities, public or private, relevant to the audit or the facilities, public or private, relevant to the audit or the
verification. Such access shall be subject to the verification. Such access shall be subject to the
applicable limitations under national legislation of the applicable limitations under national legislation of the
Beneficiary State. The auditors shall enjoy the same Beneficiary State. The auditors shall enjoy the same
rights as those extended to equivalent authorities of the rights as those extended to equivalent authorities of the
Beneficiary State itself. Beneficiary State itself.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 147
Chapter 12
Irregularities
Current text New text (with track changes) Comments
Chapter 12 Chapter 12
Irregularities Irregularities
Article 12.1 Article 12.1
Responsibilities related to irregularities Responsibilities related to irregularities
1. The Beneficiary State and the Programme Operator 1. The Beneficiary State and the Programme Operator Paragraph 1 and 2 have been merged, because they both reflect the
shall make every effort possible to prevent, detect, and shall make every effort possible to prevent, detect, and responsibilities of the Beneficiary State. A new text on the responsibility of
nullify the effect of any cases of irregularities. nullify the effect of any cases of irregularities. the FMC has been included as paragraph 2.
Similarly, any suspected and actual cases of Similarly, any suspected and actual cases of
irregularities shall be investigated promptly and irregularities shall be investigated promptly and
efficiently, and properly remedied, including making efficiently, and properly remedied, including making
any financial corrections that may be appropriate. any financial corrections that may be appropriate.
Unduly paid amounts shall be recovered and
reimbursed in accordance with the Programme
Agreements and this Regulation.
2. Unduly paid amounts shall be recovered and 2. Unduly paid amounts shall be recovered and
reimbursed in accordance with the programme reimbursed in accordance with the programme
agreements and this Regulation. agreements and this Regulation.
2. In addition, the FMC may suspend payments,
impose financial corrections and require recovery of
funds in case of irregularities.
Article 12.2 Article 12.2
Definition of irregularities Definition of irregularities
An irregularity shall mean an infringement of: An irregularity shall mean an infringement of:
(a) the legal framework of the EEA Financial (a) the legal framework of the EEA Financial
Mechanism 2014-2021 referred to in Article 1.5; Mechanism 2014-20212021-2028 referred to in
Article 1.5;
(b) any provision of European Union law; or
(b) any provision of European Union law; or
(c) any provision of the national law of the
Beneficiary State,
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Irregularities
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which affects or prejudices any stage of the (c) any provision of the national law of the
implementation of the EEA Financial Mechanism Beneficiary State,
2014-2021 in the Beneficiary State, in particular, but
not limited to, the implementation and/or the budget of which affects or prejudices any stage of the
any programme, project or other activities financed by implementation of the EEA Financial Mechanism
the EEA Financial Mechanism 2014-2021. 2014-20212021-2028 in the Beneficiary State, in
particular, but not limited to, the implementation
and/or the budget of any programme, project or other
activities financed by the EEA Financial Mechanism
2014-20212021-2028.
Article 12.3 Article 12.3
Entities responsible for reporting Entities responsible for reporting
1. The Irregularities Authority shall be designated and 1. The Certifying Authority shall be responsible for the With a view to simplifying the organisational setup at Beneficiary State
agreed upon in the MoU. preparation and submission of irregularities reports on level, it is proposed to remove the Irregularities Authority as a separate
behalf of the Beneficiary State. If agreed upon in the entity, and instead place the current responsibility of the Irregularities
Memorandum of Understanding, these responsibilities Authority with the Certifying Authority. To adapt to the individual contexts
may alternatively be assigned to the National Focal of each Beneficiary States, it may also be agreed in the MoU that the NFP
Point or the Audit Authority. In such cases, references or AA take this role.
to the Certifying Authority in this Chapter shall be
applicable mutatis mutandis to the National Focal
Point or Audit Authority. Irregularities Authority
shall be designated and agreed upon in the MoU.
2. Irregularities, as well as any measures taken by 2. Irregularities, as well as any measures taken by The irregularities report is no longer proposed to be an annex to the
competent national authorities to prevent, detect, competent national authorities to prevent, detect, Regulation. It will continue to be provided by the FMO through Grace in a
investigate, or remedy irregularities, shall be reported investigate, or remedy irregularities, shall be reported structured data format.
by the Irregularities Authority to the FMC in toby the Irregularities Certifying Authority, which
accordance with this Regulation and in a format shall report to the FMC in accordance with this
provided by the FMC (Annex 9). Regulation and in a format provided by the FMC
(Annex 9).
3. The Programme Operator shall report to the 3. The Programme Operator shall report to the To clarify that all entities in the Beneficiary States share the responsibility
Irregularities Authority on all irregularities, their Irregularities Authority on all irregularities, their of rapid, accurate and complete reporting of irregularities.
investigation and any remedies taken. The Programme investigation and any remedies taken. The Programme
Operator shall closely co-operate with the OperatorAll competent national authorities shall
Irregularities Authority to ensure rapid, accurate and closely co-operate with the Irregularities Authority to
complete reporting of irregularities to the FMC. ensure rapid, accurate and complete reporting of
irregularities to the FMC.
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Irregularities
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Article 12.4 Article 12.4
Irregularities Register Irregularities Register
The Irregularities Authority shall keep a register of all The Irregularities Certifying Authority shall keep a
irregularities, and shall, upon request from the FMC, register of all irregularities, and shall, upon request
provide information on irregularities within one from the FMC, provide information on irregularities
month. within one month. The irregularities register shall
include details about the irregularity and any measures
taken to remedy it.
Article 12.5 Article 12.5
Reporting on irregularities Reporting on irregularities
1. The Irregularities Authority shall immediately 1. The Irregularities Certifying Authority shall Due to the raised threshold for reporting irregularities (see paragraph 3), and
report to the FMC all suspected and actual cases of immediately report to the FMC all suspected and the fact that this threshold will apply to programme- and country level
irregularities when any of the following applies: actual cases of irregularities to the FMC when any of irregularities as well, it is considered necessary to include conflicts of
the following applies: interest in the group of irregularity categories that must be reported
(a) they involve allegations of an act or omission
immediately. While they do not necessarily constitute fraud or other
which constitutes a criminal offence under the (a) they involve allegations of a conflict of interest or
criminal offences, conflicts of interest are serious situations that carry with
national legislation of the Beneficiary State, such of an act or omission which constitutes a criminal them both economic and reputational risk, and they should therefore be
as corruption, fraud, bribery or embezzlement; offence under the national legislation of the reported immediately.
Beneficiary State, such as corruption, fraud,
(b) they indicate the presence of serious
bribery or embezzlement;
mismanagement affecting the use of the financial
contribution from the EEA Financial Mechanism (b) they indicate the presence of serious
2014-2021; or mismanagement affecting the use of the financial
contribution from the EEA Financial Mechanism
(c) they pose an immediate threat to the successful
2014-20212021-2028; or
completion of the project, due to the amounts in
proportion to the total project cost, their gravity or (c) they pose an immediate threat to the successful
any other reason. completion of the project, due to the amounts in
proportion to the total project cost, their gravity or
any other reason.
2. For irregularities other than those referred to in 2. For irregularities other than those referred to in Wording added from the current Art.12.6
paragraphs 1 and 3, the Irregularities Authority shall paragraphs 1 and 3, the Irregularities Certifying
within two months of the end of each quarter, submit Authority shall within two months of the end of each
to the FMC a report, describing any suspected and quarter, submit to the FMC a report, describing any
actual cases of irregularities discovered during that new suspected and or actual cases of irregularities
quarter. Should there be no irregularities to report on discovered during that quarter, as well as the progress
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Irregularities
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during the quarter, the Irregularities Authority shall made in the investigation and remedy of previously
inform the FMC of this fact. reported irregularities. Should there be no
irregularities to report on during the quarter, the
Irregularities Certifying Authority shall inform the
FMC of this fact.
3. Unless requested by the FMC, the following cases 3. Unless requested by the FMC, the following cases By deleting the word “in projects”, the exceptions to reporting will apply
of irregularities in projects need not be reported: of irregularities in projects do not need to not be also to programme- and country-level irregularities.
reported:
(a) cases, where the irregularity consists solely in
the failure to implement a project, in whole (a) cases, where the irregularity consists solely in To align with the wording of the CPR.
or in part, owing to the bankruptcy of the the failure to implement a project, in whole
Project Promoter; or in part, owing to the non-fraudulent
bankruptcy of the Project Promoter;
(b) cases, which are detected and corrected by
the Programme Operator, National Focal (b) cases, which are detected and corrected by To align with the wording of the CPR
Point or Certifying Authority in the course of the Programme Operator, National Focal
the verification of the expenditure declared; Point or Certifying Authority in the course of
the verification or certification of the
(c) cases, which relate to an amount below EUR
expenditure declared and before its inclusion
2,000 in contribution from the EEA and the
in a financial report submitted to the FMC; or
Norwegian Financial Mechanisms. In the
case of irregularities related to non- (c) cases, which relate to an amount below EUR The threshold for reporting irregularities to the FMC has been raised to €
compliance with public procurement rules, 102,000 in contribution from the EEA and 10,000, to reduce the reporting burden on Beneficiary States and align with
the Norwegian Financial Mechanisms. In the the threshold in the CPR.
this amount refers to the overall value of the
case of irregularities related to non-
contract which is affected by the irregularity. compliance with public procurement rules,
this amount refers to the overall value of the
contract which is affected by the irregularity.
4. Paragraph 3 shall apply, mutatis mutandis, to 4. Paragraph 3 shall apply, mutatis mutandis, to The paragraph is deleted because it is now covered by paragraph 3 above.
activities financed from the fund for bilateral relations. activities financed from the fund for bilateral relations.
5. Paragraph 3 does not apply to irregularities that 45. Paragraph 3 does not apply to irregularities that
shall be reported immediately according to paragraph shall be reported immediately according to paragraph
1, or irregularities preceding a bankruptcy. 1, or irregularities preceding a bankruptcy.
56. In addition to the reporting requirements to the Highlighting the follow-up needed for fraud-related irregularities.
FMC, the competent national authorities shall, in
accordance with national law, report any suspected
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 151
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cases of fraud to the national responsible anti-fraud
bodies.
Article 12.6 Article 12.6
Reporting on progress regarding already reported Reporting on progress regarding already reported
irregularities irregularities
1. Together with each report on new irregularities 1. Together with each report on new irregularities Deleted as its content is merged with Art. 12.5.2. above.
referred to in paragraph 2 of Article 12.5, the referred to in paragraph 2 of Article 12.5, the
Irregularities Authority shall report to the FMC on the Irregularities Authority shall report to the FMC on the
progress made in the investigation and remedy of progress made in the investigation and remedy of
previously reported irregularities. previously reported irregularities.
2. Should there be no progress to report on under this 2. Should there be no progress to report on under this
article, the Irregularities Authority shall inform the article, the Irregularities Authority shall inform the
FMC of this fact within the time limit set in paragraph FMC of this fact within the time limit set in paragraph
2 of Article 12.5. 2 of Article 12.5.
Article 12.7 Article 12.7
Complaint mechanism Complaint mechanism
1. The Beneficiary State shall establish a complaint 1. The Beneficiary State shall establish a complaint
mechanism that shall be capable of effectively mechanism that shall be capable of effectively
processing and deciding on complaints about processing and deciding on complaints about
suspected non-compliance with the principles of good suspected non-compliance with the principles of good
governance in relation to the implementation of the governance in relation to the implementation of the
EEA Financial Mechanism 2014-2021 in the EEA Financial Mechanism 2014-20212021-2028 in
respective Beneficiary State. The Beneficiary State the respective Beneficiary State. The Beneficiary State
shall, upon request by the FMC, examine complaints shall, upon request by the FMC, examine complaints
received by the FMC. The Beneficiary State shall received by the FMC. The Beneficiary State shall
inform the FMC, upon request, of the results of those inform the FMC, upon request, of the results of those
examinations. examinations.
2. Information on how to submit a complaint shall be 2. Information on how to submit a complaint shall be
prominently placed on the website of the National prominently placed on the website of the National
Focal Point referred to in paragraph 2(c) of Article 3.2. Focal Point referred to in paragraph 2(c) of Article
3.2.6
3. The Beneficiary State shall without delay report to 3. The Beneficiary State shall without delay report to
the FMC on any complaints involving suspected the FMC on any complaints involving suspected
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irregularities referred to in paragraph 1 of Article 12.5. irregularities referred to in paragraph 1 of Article
Complaints involving suspicion of other irregularities 12.5.1 Complaints involving suspicion of other
shall be reported to the FMC in the reports referred to irregularities shall be reported to the FMC in the
in paragraph 2 of Article 12.5 and Article 12.6. The reports referred to in paragraph 2 of Article 12.5.2 and
FMC shall, when relevant, be consulted on the Article 12.6. The FMC shall, when relevant, be
appropriate response. consulted on the appropriate response.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 153
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Suspension of payments, financial corrections and reimbursement
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Chapter 13 Chapter 13
Suspension of payments, financial corrections Suspension of payments, financial corrections
and reimbursement and reimbursement
Article 13.1 Article 13.1
Suspension of payments Suspension of payments
1. The FMC may decide to suspend payments if one or 1. The FMC may decide to suspend payments if one or
more of the following applies: more of the following applies:
(a) the conditions for payments in accordance with
Chapter 9 have not been met; (a) the conditions for payments in accordance with
Chapter 9 have not been met;
(b) credible information indicates that the progress of (b) credible information indicates that the progress of
the programme is not in accordance with the the programme is not in accordance with the
programme agreement; pProgramme aAgreement;
(c) reports referred to in Article 2.6 and Chapter 12
(c) reports referred to in Article 6.11 and Chapter 12 or any other information requested has not been
or any other information requested has not been provided or include incomplete information;
provided or include incomplete information; (d) access required under Chapter 11 and the
pProgramme aAgreement is restricted;
(d) access required under Chapter 11 and the (e) the financial management of the programme has
programme agreement is restricted; not been in accordance with generally accepted
accounting principles;
(e) the financial management of the programme has (f) it becomes aware of suspected or actual cases of
not been in accordance with generally accepted irregularities, or such cases have not been
accounting principles; adequately reported, investigated or remedied;
(g) the implementation of the programme is deemed
(f) it becomes aware of suspected or actual cases of
to be in violation of national or European Union
irregularities, or such cases have not been law;
adequately reported, investigated or remedied; (h) a fundamental change of circumstances occurs
and said circumstances constitute an essential
(g) the implementation of the programme is deemed
basis for the financial contribution from the EEA
to be in violation of national or European Union Financial Mechanism 2014-20212021-2028 to
law; the programme;
(i) it becomes aware of any misrepresentation of
(h) a fundamental change of circumstances occurs
facts in any information given by or on behalf of
and said circumstances constitute an essential the National Focal Point, Certifying Authority or
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basis for the financial contribution from the EEA the Programme Operator affecting, directly or
Financial Mechanism 2014-2021 to the indirectly, the implementation of the Pprogramme
programme; Aagreement;
(i)(j) an entity involved in the implementation of The new points (j) and (k) reflect the increased emphasis on the common
(i) it becomes aware of any misrepresentation of the EEA Financial Mechanism does not abide by values and principles agreed by the parties to Protocol 38d. Letter (j) deals
facts in any information given by or on behalf of the values and principles referred to in Article with cases where entities involved in the implementation fail to abide by
the National Focal Point, Certifying Authority or 1.3.1; these values and principles, while (k) deals with cases where failures to
the Programme Operator affecting, directly or (j)(k) it becomes aware of a failure to abide by the abide by these principles (including by other entities) negatively affects
values and principles referred to in Article 1.3.1 the objectives or implementation of the Financial Mechanism. The new
indirectly, the implementation of the programme which negatively affects, or seriously risks grounds for suspension should be read in conjunction with the obligation
agreement; causing negative effects to the objectives or of the FMC to take reasoned, appropriate and proportionate decisions, and
(j) the procedure under Article 13.4 has been opened; implementation of the EEA Financial Mechanism to take into account any information received from the Beneficiary State.
in a particular Beneficiary State;
or
(k)(l) the European Commission or the Council has Point (l) is a new grounds for suspension, allowing the FMC to take
(k) any other obligation stipulated in the programme taken equivalent measures in the context of the equivalent action as the EC or Council in cases where this is justified.
agreement or this Regulation is not complied with implementation of European Funds in a particular
Beneficiary State and the circumstances forming
by the National Focal Point, the Certifying
the basis for such measures are equally applicable
Authority or the Programme Operator. to the implementation of the EEA Financial
Mechanism;
(l)(m) (j) the procedure under Article 13.4 has been
opened; or
(m)(n) (k) any other obligation stipulated in the
Pprogramme aAgreement or this Regulation is not
complied with by the National Focal Point, the
Certifying Authority or the Programme Operator.
2. The FMC may decide to suspend payments to a 2. The FMC may decide to suspend payments to a
programme if any of the conditions in points (b), (d), programme if any of the conditions in points (b), (d),
(e), (f) or (g) of paragraph 1 apply mutatis mutandis to (e), (f) or (g), (j), (k) or (l) of paragraph 1 apply mutatis
any of the projects under that programme and the mutandis to any of the projects under that programme
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Suspension of payments, financial corrections and reimbursement
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Programme Operator has not taken the appropriate and and the Programme Operator has not taken the
necessary measures to investigate and, when appropriate and necessary measures to investigate and,
appropriate, remedy such deficiencies or prevent loss when appropriate, remedy such deficiencies or prevent
of funds. Suspension due to deficiencies in projects loss of funds. Suspension due to deficiencies in
shall be proportionate to the scope and extent of the projects shall be proportionate to the scope and extent
breach. of the breach.
3. Except for urgent cases, the National Focal Point 3. Except for urgent cases, tThe National Focal Point This paragraph has been reformulated to ensure that Beneficiary States are
and the Programme Operator shall be given an and the Programme Operator shall be given an heard before any decision to suspend funding is taken. It also reflects the
opportunity to provide their views before the FMC opportunity to provide their views before the FMC agreement between the parties to Protocol 38d that all decisions taken in
takes a decision to suspend payments. The decision to takes a decision to suspend payments. The FMC shall such matters shall be reasoned, appropriate and proportionate.
suspend payments shall be reasoned and immediately take into account any information received. Any
effective. The National Focal Point and the decision taken shall be reasoned, appropriate, and
Programme Operator shall be notified no later than proportionate The decision to suspend payments shall
seven workings days from the date of the decision. be reasoned and immediately effective. The National
Focal Point and the Programme Operator shall be
notified not later than seven workings days from the
date of the decision.
4. The National Focal Point and/or the Programme 4. The National Focal Point and/or the Programme
Operator can at any time present documents or other Operator can at any time present documents or other
relevant evidence and request that the FMC reviews its relevant evidence and request that the FMC reviews its
decision to suspend payments. decision to suspend payments.
5. When the FMC finds that the conditions for 5. When the FMC finds that the conditions for
suspension no longer apply, it shall take a decision to suspension no longer apply, it shall take a decision to
continue payments. continue payments.
Article 13.2 Article 13.2
Financial corrections Financial corrections
1. The FMC may make financial corrections based on 1. The FMC may make financial corrections based on
the criteria in Article 13.3 consisting of cancelling all the criteria in Article 13.3 consisting of cancelling all
or part of the financial contribution of the EEA or part of the financial contribution of the EEA
Financial Mechanism 2014-2021 to the programme or Financial Mechanism 2014-20212021-2028 to the
the Beneficiary State in question. programme or the Beneficiary State in question.
2. When a financial correction is made on a project in 2. When a financial correction is made on a project in Clarified wording
accordance with paragraph 1 or with Article 12.1, the accordance with paragraph 1 or with Article 12.1, the
financial contribution may not be reused for that financial contribution may shall not be reused for that
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 156
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Suspension of payments, financial corrections and reimbursement
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project. The cancelled financial contribution may be project. The cancelled financial contribution may be
reused under the programme for projects other than reused under the programme for projects other than
those that were the subject of the correction. those that were the subject of the correction.
3. Financial contributions cancelled in accordance 3. Financial contributions cancelled in accordance Clarified and simplified wording.
with paragraph 1 or with Article 12.1 relating to the with paragraph 1 or with Article 12.1 relating to the
fund for bilateral relations, technical assistance or fund for bilateral relations, technical assistance or
programme management costs, may be reused within programme management costs, may be reused within
the same budget heading for costs other than those that the same budget heading for costs other than those that
were the subject of the correction. were the subject of the correction.
4. When a financial correction is made for a systemic 4. When a financial correction is made for a systemic Clarified wording
irregularity or an irregularity related to management or irregularity or an irregularity related to management or
control systems within a programme, the financial control systems within a programme, the financial
contribution may not be reused for that programme. contribution may shall not be reused for that
programme.
5. If the FMC makes a correction pursuant to points This new paragraph would allow the FMC to make net corrections in cases
(d) or (e) of Article 13.3.1, the amount corrected shall where the Beneficiary State fails to correct irregular expenditure (13.3.1 (d))
not be available for use within the same programme or or report/remedy irregularities (13.3.1 (e)) before the FMC sends the formal
for allocation to other programmes, and shall be notice starting a correction procedure.
reimbursed to the FMC. Article 13.5.4 shall apply to
This broadly mirrors the system in the structural funds, under which the
late reimbursements.
Member State may only reuse the funds if it ‘agrees’ with the correction.
5. Financial contributions that may, according to 6. Without prejudice to paragraph 5, Financial Re-allocation is a possibility and not an obligation, therefore the verb “may”
paragraph 4, not be used for the same programme, financial contributions that may, according to which implies permission is used in relation to reallocation.
shall be allocated in accordance with paragraph 6 of paragraph 4, are not to be used for the same
Article 6.9. programme, shall may be allocated in accordance with
paragraph 6 of Article 6.97.5
6. Financial contributions cancelled and not 7. Financial contributions cancelled and not
reallocated according to paragraph 5 within the reallocated according to paragraph 5 within the
relevant timeline shall be reimbursed to the FMC. relevant timeline shall be reimbursed to the FMC.
Paragraph 5 of Article 13.5 shall apply to late Paragraph 5 of Article 13.5.4 shall apply to late
reimbursements. reimbursements.
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Article 13.3 Article 13.3
Criteria for financial corrections Criteria for financial corrections
1. The FMC may make financial corrections according 1. The FMC may make financial corrections according
to Article 13.2 if one or more of the following applies: to Article 13.2 if one or more of the following applies:
(a) a serious deficiency exists in the management and (a) a serious deficiency exists in the management and
control systems established by the Beneficiary control systems established by the Beneficiary
State for the EEA Financial Mechanism 2014- State for the EEA Financial Mechanism 2014-
2021 which puts at risk the financial contribution 20212021-2028 which puts at risk the financial
from the EEA Financial Mechanism 2014-2021; contribution from the EEA Financial Mechanism
2014-20212021-2028;
(b) a serious breach of the programme agreement has
occurred; (b) a serious breach of the Pprogramme Aagreement
has occurred;
(c) a serious deficiency exists in the management and
control system of the programme which puts at (c) a serious deficiency exists in the management and
risk the financial contribution from the EEA control system of the programme which puts at
Financial Mechanism 2014-2021; risk the financial contribution from the EEA
Financial Mechanism 2014-20212021-2028;
(d) expenditure reported in a certified interim
financial report or in a final programme report is (d) expenditure reported in a certified iInterim
irregular and has not been corrected by the Ffinancial rReport or in a fFinal pProgramme
National Focal Point or the Programme Operator rReport is irregular and has not been corrected by
prior to the sending of the notification according the National Focal Point or the Programme
to paragraph 1 of Article 13.4; or Operator prior to the sending of the notification
according to paragraph 1 of Article 13.4.1; or
(e) the National Focal Point and/or the Programme
Operator have not complied with its obligations to (e) the National Focal Point and/or the Programme
investigate and/or to appropriately remedy Operator have not complied with its obligations to
irregularities under Article 12.1 prior to the investigate and/or to appropriately remedy
sending of the notification according to paragraph irregularities under Article 12.1 prior to the
1 of Article 13.4. sending of the notification according to paragraph
1 of Article 13.4.1;
The new points (f) and (g) reflect the increased emphasis on the common
values and principles agreed by the parties to Protocol 38d. Letter (f) deals
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 158
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(f) an entity involved in the implementation of the with cases where entities involved in the implementation fail to abide by
EEA Financial Mechanism does not abide by the these values and principles, while (g) deals with cases where failures to
values and principles referred to in Article 1.3.1. abide by these principles (including by other entities) negatively affects
the objectives or implementation of the Financial Mechanism. The new
(g) it becomes aware of a failure to abide by the grounds for suspension should be read in conjunction with the obligation
values and principles referred to in Article 1.3.1 of the FMC to take reasoned, appropriate and proportionate decisions, and
which negatively affects, or seriously risks to take into account any information received from the Beneficiary State.
causing negative effects to the objectives or
Point (h) is a new grounds for financial corrections, allowing the FMC to
implementation of the EEA Financial Mechanism take equivalent action as the EC or Council in cases where this is justified.
in a particular Beneficiary State; or
(e)(h) the European Commission or the Council has
taken equivalent measures in the context of the
implementation of European Funds in a particular
Beneficiary State and the circumstances forming
the basis for such measures are equally applicable
to the implementation of the EEA Financial
Mechanism.
2. The FMC shall base its financial corrections on 2. The FMC shall base its financial corrections on
individual cases of irregularity identified, taking individual cases of irregularity identified, taking into
account of the systemic nature of the irregularity to account of the systemic nature of the irregularity to
determine whether a flat-rate or extrapolated determine whether a flat-rate or extrapolated
correction should be applied, or whether the corrected correction should be applied, or whether the corrected
amount can be based on an actual amount detected as amount can be based on an actual precise amount
irregular. detected as irregular.
3. The FMC shall, when deciding the amount of a 3. The FMC shall, when deciding the amount of a
correction, take account of the nature and gravity of correction, take account of the nature and gravity of
the irregularity and the extent and financial the irregularity and the extent and financial
implications of the deficiencies found. implications of the deficiencies found.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 159
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Article 13.4 Article 13.4 The title of this Article has been modified to clarify that the procedure
Procedure Procedure applicable to financial corrections by applies to financial corrections. For suspension of payments, Article 13.1.3.
the FMC above refers to the procedure applied in case of suspensions.
1. Prior to making a decision referred to in paragraph 1. Prior to making an appropriate and proportionate
1 of Article 13.2, the FMC shall notify the National decision referred to in paragraph 1 of Article 13.2.1,
Focal Point of its intention to make such a decision. the FMC shall notify the National Focal Point of its
The notification shall outline the reasons for the intention to make such a decision. The notification
decision and indicate the relevant amounts. The shall outline the reasons for the decision and indicate
National Focal Point can within two months from the the relevant amounts. The National Focal Point can
sending of the notification provide any comments within two months from the sending of the notification
relevant to the intended decision. provide any comments relevant to the intended
decision.
2. Where the FMC proposes a financial correction on 2. Where the FMC proposes a financial correction on
the basis of extrapolation or at a flat rate, the National the basis of extrapolation or at a flat rate, the National
Focal Point shall be given the opportunity to Focal Point shall be given the opportunity to
demonstrate, through an examination of the demonstrate, through an examination of the
documentation concerned, that the actual extent of the documentation concerned, that the actual extent of the
irregularity was less than the FMC’s assessment. In irregularity was less than the assessment of the FMC’s
agreement with the FMC, the National Focal Point assessment. In agreement with the FMC, the National
may limit the scope of this examination to an Focal Point may limit the scope of this examination to
appropriate proportion or sample of the documentation an appropriate proportion or sample of the
concerned. Except in duly justified cases, the time documentation concerned. Except in duly justified
allowed for this examination shall not exceed a further cases, the time allowed for this examination shall not
period of two months after the two-month period exceed a further period of two months after the two-
referred to in paragraph 1. month period referred to in paragraph 1.
3. The FMC shall take account of any evidence 3. The FMC shall take account of any evidence
supplied by the National Focal Point within the time supplied by the National Focal Point within the time
limits referred to in paragraphs 1 and 2. At any time limits referred to in paragraphs 1 and 2. At any time
prior to the decision on financial corrections, the prior to the decision on financial corrections, the
National Focal Point and the FMC can enter into a National Focal Point and the FMC can enter into a
dialogue with a view to ensuring that the decision is dialogue with a view to ensuring that the decision is
based on accurate and correct facts. based on accurate and correct facts.
4. The National Focal Point shall be notified of a 4. The National Focal Point shall be notified of a
decision referred to in paragraph 1 of Article 13.2 no decision referred to in paragraph 1 of Article 13.2.1
later than seven workings days from the date of the not later than seven workings days from the date of the
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decision. The notification shall outline the reasons for decision. The notification shall outline the reasons for
the decision. the decision.
Article 13.5 Article 13.5
Reimbursement Reimbursement
1. The Beneficiary State shall reimburse the amount 1. The Beneficiary State shall reimburse the amount
requested to the FMC within three months of the requested to the FMC within three months of the
decision referred to in Article 13.2. decision referred to in Article 13.2.
2. Reimbursement from the Beneficiary State to the 2. Reimbursement from the Beneficiary State to the
FMC is not contingent upon reimbursement from the FMC is not contingent upon reimbursement from the
Programme Operator or the Project Promoter. Programme Operator or the Project Promoter.
3. The FMC may waive any claim for reimbursement 3. The FMC may waive any claim for reimbursement
from the Beneficiary State of funds that were lost due from the Beneficiary State of funds that were lost due
to irregularities in a project if the National Focal Point to irregularities in a project if the National Focal Point
shows that the loss and the circumstances related shows that the loss and the circumstances related
thereto are not due to negligent performance or non- thereto are not due to negligent performance or non-
performance of duties of entities referred to in performance of duties of entities referred to in
paragraph 1 of Article 5.2 and of the Programme paragraph 1 of Article 5.2.1 and of the Programme
Operator’s duties, and the National Focal Point and the Operator’s duties, and the National Focal Point and the
Programme Operator have taken all reasonable Programme Operator have taken all reasonable
measures to seek recovery of such funds. measures to seek recovery of such funds.
4. If the Programme Operator is a private entity and 4. If the Programme Operator is a private entity and The use of private Programme Operators did not figure in the 14-21
the National Focal Point shows that it has and is taking the National Focal Point shows that it has and is taking Financial Mechanism, and is not foreseen for the 21-28 Financial
appropriate measures to recover the funds from the appropriate measures to recover the funds from the Mechanism.
Programme Operator, the FMC may decide to give the Programme Operator, the FMC may decide to give the
Beneficiary State up to one year to reimburse the Beneficiary State up to one year to reimburse the
requested funds. In such a case, the FMC may also requested funds. In such a case, the FMC may also
decide to contribute up to 50% of reasonable legal fees decide to contribute up to 50% of reasonable legal fees
related to the recovery of the funds from the related to the recovery of the funds from the
Programme Operator. For the purpose of this Programme Operator. For the purpose of this
paragraph, a Programme Operator is considered to be paragraph, a Programme Operator is considered to be
a private entity when less than the majority of the votes a private entity when less than the majority of the votes
at its managerial board meetings is controlled by at its managerial board meetings is controlled by
public entities, such as public authorities, public public entities, such as public authorities, public
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agencies or companies fully owned by such authorities agencies or companies fully owned by such authorities
or agencies. or agencies.
5. Any delay in reimbursement shall give rise to 45. Any delay in reimbursement shall give rise to
interest on account of late payment, starting on the due interest on account of late payment, starting on the due
date and ending on the date of actual payment. The rate date and ending on the date of actual payment. The rate
of such interest shall be one-and-a-half percentage of such interest shall be one-and-a-half percentage
points above the rate applied by the European Central points above the rate applied by the European Central
Bank in its main refinancing operations on the first Bank in its main refinancing operations on the first
working day of the month in which the due date falls. working day of the month in which the due date falls.
Article 13.6 Article 13.6
General suspension of payments to a Beneficiary General suspension of payments to a Beneficiary
State State
1. The FMC may, after having consulted the National 1. The FMC may, after having consulted the National
Focal Point with a view to reaching a solution, suspend Focal Point with a view to reaching a solution, suspend
all payments to the Beneficiary State if: all payments to the Beneficiary State if:
(a) information or documents obtained by or (a) information or documents obtained by or
provided to the FMC indicate the presence of systemic provided to the FMC indicate the presence of systemic
or widespread shortcomings regarding the or widespread shortcomings regarding the
management of the financial contribution from the management of the financial contribution from the
EEA Financial Mechanism 2014-2021 in the EEA Financial Mechanism 2014-20212021-2028 in
Beneficiary State; or the Beneficiary State; or
(b) a demand for reimbursement related to any type (b) a demand for reimbursement related to any
of assistance in the Beneficiary State financed by the type of assistance in the Beneficiary State financed by
EEA Financial Instrument 1999-2003, the EEA or the EEA Financial Instrument 1999-2003, the EEA or
Norwegian Financial Mechanisms 2004-2009, the Norwegian Financial Mechanisms 2004-2009, the
EEA or Norwegian Financial Mechanisms 2009-2014 EEA or Norwegian Financial Mechanisms 2009-2014,
or the EEA or Norwegian Financial Mechanisms or the EEA or Norwegian Financial Mechanisms
2014-2021 has not been complied with by the 2014-2021 or the EEA or Norwegian Financial
Beneficiary State. Mechanisms 2021-2028 has not been complied with
by the Beneficiary State; or.
(c) a fundamental change of circumstances occurs and The new point (c) mirrors point (h) of Article 13.1 and gives it application
said circumstances constitute an essential basis for the to the contribution to the Beneficiary State as a whole, as opposed to
financial contribution from the EEA Financial individual programmes or projects. It follows that the scope of application
Mechanism 2021-2028 to the Beneficiary State; for this provision would be different and narrower than the corresponding
provision in Article 13.1.
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(d) it becomes aware of systemic or widespread
failures to abide by the values and principles referred
The new point (d) concerns deviations from the common values and
to in Article 1.3.1 which negatively affect, or seriously
principles agreed upon in Protocol 38d. It is stricter than the corresponding
risk causing negative effects to the objectives or
points in Articles 13.1 and 13.3, as the failures to abide by the values and
implementation of the EEA Financial Mechanism in
principles must be ‘systemic or widespread’.
the particular Beneficiary State; or
(e) the European Commission or the Council has
taken equivalent measures in the context of the The new point (e) corresponds to the new points in Articles 13.1 and 13.3,
implementation of European Funds in a particular regarding equivalent measures taken by the EU.
Beneficiary State and the circumstances forming the
basis for such measures are equally applicable to the
implementation of the EEA Financial Mechanism.
2. The procedures referred to in paragraphs 1, 3 and 4 2. The procedures referred to in paragraphs 1, 3 and 4
of Article 13.4 shall apply mutatis mutandis to of Article 13.4 shall apply mutatis mutandis to
suspension of payments under this article. suspension of payments under this Article.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 163
Chapter 14
Final provisions
Current text New text (with track changes) Comments
Chapter 14 Chapter 14
Final provisions Final provisions
Article 14.1 Article 14.1
Language Language
1. All communications between the FMC and the 1. All communications between the FMC and the
Beneficiary State shall be in English. Beneficiary State shall be in English.
2. Original documents (in languages other than 2. Original documents (in languages other than
English) sent to the FMC shall be accompanied by English) sent to the FMC shall be accompanied by
translations into English. The Beneficiary State shall translations into English. The Beneficiary State shall
bear full responsibility for the accuracy of the bear full responsibility for the accuracy of the
translation. translation.
Article 14.2 Article 14.2
Liability Liability
1. The responsibility of the Donor States with regard 1. The responsibility of the Donor States with regard
to the EEA Financial Mechanism 2014-2021 is limited to the EEA Financial Mechanism 2014-20212021-
to providing financial contributions in accordance 2028 is limited to providing financial contributions in
with the relevant programme agreements. accordance with the relevant programme agreements.
2. No liability to the Beneficiary State, Programme 2. No liability to the Beneficiary State, Programme
Operators, Project Promoters, other recipient of grants, Operators, Project Promoters, other recipient of grants,
or any third parties is or will be assumed by the Donor or any third parties is or will be assumed by the Donor
States, the FMC, or the European Free Trade States, the FMC, or the European Free Trade
Association, including the FMO. Association, including the FMO.
Article 14.3 Article 14.3
Applicable law and jurisdiction Applicable law and jurisdiction
1. The laws of the Kingdom of Norway shall govern 1. The laws of the Kingdom of Norway shall govern
the co-operation between the EEA Financial the co-operation between the EEA Financial
Mechanism 2014-2021 and the Beneficiary States as Mechanism 2014-20212021-2028 and the Beneficiary
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 164
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Final provisions
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well as the interpretation of the programme agreement States as well as the interpretation of the programme
and this Regulation. agreement and this Regulation.
2. The FMC and the National Focal Point waive their 2. The FMC and the National Focal Point waive their
rights to bring any dispute related to the programme rights to bring any dispute related to the programme
agreement before any national or international court, agreement before any national or international court,
and agree to settle such a dispute in an amicable and agree to settle such a dispute in an amicable
manner. manner.
3. If a demand for reimbursement to the FMC is not 3. If a demand for reimbursement to the FMC is not
complied with by the Focal Point, or a dispute related complied with by the Focal Point, or a dispute related
to a demand for reimbursement arises that cannot be to a demand for reimbursement arises that cannot be
solved in accordance with paragraph 2, the Parties may solved in accordance with paragraph 2, the Parties may
bring the dispute before Oslo Tingrett. bring the dispute before Oslo Tingrett.
4. The FMC may claim execution of judgement or 4. The FMC may claim execution of judgement or
court order obtained in accordance with paragraph 3 in court order obtained in accordance with paragraph 3 in
any court or appropriate authority within the territory any court or appropriate authority within the territory
of the Beneficiary State or within another country of the Beneficiary State or within another country
where the Beneficiary State has assets. where the Beneficiary State has assets.
5. The Beneficiary State shall vest its National Focal 5. The Beneficiary State shall vest its National Focal
Point with the authority to receive services of process Point with the authority to receive services of process
on its behalf. on its behalf.
Article 14.4 Article 14.4
Amendments Amendments
1. This Regulation may be amended by decision of the 1. This Regulation may be amended by decision of the
FMC, subject to subsequent confirmation by the FMC, subject to subsequent confirmation by the
Standing Committee of the EFTA States. Standing Committee of the EFTA States.
2. Annexes to this Regulation may be amended by 2. Annexes to this Regulation may be amended by
decision of the FMC. decision of the FMC.
3. The FMC may adopt additional guidelines as 3. The FMC may adopt additional guidelines as
necessary after consultation with the Beneficiary necessary after consultation with the Beneficiary
States. States.
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4. Any substantive amendment to the documents 4. Any substantive amendment to the documents
referred to in paragraphs 1-3 shall be subject to the referred to in paragraphs 1-3 shall be subject to the
prior consultation with the Beneficiary States. The prior consultation with the Beneficiary States. The
FMC shall as soon as possible inform the National FMC shall as soon as possible inform the National
Focal Points about any changes made to these Focal Points about any changes made to these
documents. documents.
Article 14.5 Article 14.5
Waiver Waiver
1. The FMC may, in specific cases and in response to 1. The FMC may, in specific cases and in response to
exceptional circumstances, waive the application of exceptional circumstances, waive the application of
particular provisions of this Regulation, its Annexes or particular provisions of this Regulation, its Annexes or
any guidelines adopted by the FMC, where this is any guidelines adopted by the FMC, where this is
necessary for the achievement of the results of the necessary for the achievement of the results of the
Financial Mechanism and/or a particular Programme. Financial Mechanism and/or a particular Programme.
No waiver shall be granted with respect to the deadline No waiver shall be granted with respect to the deadline
referred to in paragraph 3 of Article 8.13. referred to in paragraph 3 of Article 8.13.
2. Prior to making a decision to apply a waiver, the 2. Prior to making a decision to apply a waiver, the
FMC will examine whether an amendment of the FMC will examine whether an amendment of the
concerned provision would be more appropriate. concerned provision would be more appropriate.
Article 14.6 Article 14.6
Entry into force Entry into force
This Regulation shall enter into force on the day This Regulation shall enter into force on the day
following its confirmation by the Standing following its confirmation by the Standing
Committee of the EFTA States Committee of the EFTA States
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 166
Annex 1:
Eligible Thematic Priorities and Programme Areas
Annex 1:
Eligible Thematic Priorities and Programme Areas
EEA Financial Mechanism 2021-2028
The overall objectives of the EEA Financial Mechanism 2021 - 2028 are to contribute to the reduction of economic and
social disparities in the European Economic Area and to strengthen bilateral relations between the Donor States and the
Beneficiary States by financial contributions to the thematic priorities through the programme areas listed below.
Each of the 15 programme areas includes an objective, areas of support and programme area specifics.
Each programme and any project funded through it shall contribute to the objective of the programme area.
The areas of support define what is eligible under the programme area.
The programme area specifics are conditions which shall be adhered to within the programmes.
The below thematic priorities and programme areas are eligible for the EEA Grants 2021 - 2028.
Thematic Priorities
European green transition
Democracy, rule of law and human rights
Social inclusion and resilience
Programme Areas (The content of the individual Programme Areas is consulted separately through the Blue
Book)
Programme area: Areas of support Programme area specifics
> >
Objective
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 167
Annex 2: Template for MoU
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Annex 2: Annex 2:
Template for MoU Template for MoU
EEA Financial Mechanism 2014- EEA Financial Mechanism 2014-
2021 20212021-2028
MEMORANDUM OF UNDERSTANDING MEMORANDUM OF UNDERSTANDING
ON THE IMPLEMENTATION OF THE EEA ON THE IMPLEMENTATION OF THE EEA
FINANCIAL MECHANISM FINANCIAL MECHANISM
2014-2021 2014-20212021-2028
between between
ICELAND, ICELAND,
THE PRINCIPALITY OF LIECHTENSTEIN, THE PRINCIPALITY OF LIECHTENSTEIN,
THE KINGDOM OF NORWAY, THE KINGDOM OF NORWAY,
hereinafter referred to as the “Donor States” hereinafter referred to as the “Donor States”
and and
[Beneficiary State], [Beneficiary State],
hereinafter referred to as the “Beneficiary State” hereinafter referred to as the “Beneficiary State”
together hereinafter referred to as the “Parties”, together hereinafter referred to as the “Parties”,
Annex 2: Template for MoU
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 168
Annex 2: Template for MoU
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WHEREAS Protocol 38c to the EEA Agreement, WHEREAS Protocol 38c38d to the EEA
incorporated into the EEA Agreement by the Agreement, incorporated into the EEA
Agreement between the European Union, Agreement by the Agreement between the
Iceland, the Principality of Liechtenstein and theEuropean Union, Iceland, the Principality of
Kingdom of Norway on the EEA Financial Liechtenstein and the Kingdom of Norway on the
Mechanism 2014-2021, establishes a financial EEA Financial Mechanism 2014-20212021-
mechanism (hereinafter referred to as the “EEA 2028, establishes a financial mechanism
Financial Mechanism 2014-2021”) through (hereinafter referred to as the “EEA Financial
which the Donor States will contribute to the Mechanism 2014-20212021-2028”) through
reduction of economic and social disparities in which the Donor States will contribute to the
the European Economic Area; reduction of economic and social disparities in
WHEREAS the EEA Financial Mechanism the European Economic Area;
2014-2021 aims to strengthen relations between WHEREAS the EEA Financial Mechanism
the Donor States and the Beneficiary State to the 2014-20212021-2028 aims to strengthen
mutual benefit of their peoples; relations between the Donor States and the
WHEREAS by decision of the Standing Beneficiary State to the mutual benefit of their
Committee of the EFTA States No. 2/2016/SC of peoples;
2 June 2016 the Donor States have given the WHEREAS by decision of the Standing
To be updated with the correct reference once the FMC has been
Financial Mechanism Committee, established by Committee of the EFTA States No. X/2024/SC of
established
a decision of the Standing Committee of the X the Donor States have given the Financial
EFTA States No. 4/2004/SC of 3 June 2004, a Mechanism Committee, established by a decision
mandate to manage the EEA Financial of the Standing Committee of the EFTA States
Mechanism 2014-2021; No. 4/2004/SC of 3 June 2004, a mandate to
WHEREAS the enhanced co-operation between manage the EEA Financial Mechanism 2014-
the Donor States and the Beneficiary State will 20212021-2028;
contribute to securing a stable, peaceful and WHEREAS the enhanced co-operation between
prosperous Europe, based on good governance, the Donor States and the Beneficiary State will
democratic institutions, the rule of law, respect contribute to securing a stable, peaceful and
for human rights and sustainable development; prosperous Europe, based on good governance,
WHEREAS the Parties agree to establish a democratic institutions, the rule of law, respect
framework for cooperation in order to ensure the for human rights and sustainable development;
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 169
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effective implementation of the EEA Financial WHEREAS the Parties agree to establish a
Mechanism 2014-2021; framework for cooperation in order to ensure the
HAVE AGREED on the following: effective implementation of the EEA Financial
Mechanism 2014-20212021-2028;
HAVE AGREED on the following:
Article 1 Article 1
Objectives Objectives
1. The overall objectives of the EEA Financial 1. The overall objectives of the EEA Financial ‘Endeavour to’ not considered necessary. However, ‘aim to
Mechanism 2014-2021 are to contribute to the Mechanism 2014-20212021-2028 are to contribute’ more accurately describe the programmes that are
reduction of economic and social disparities in contribute to the reduction of economic and selected.
the European Economic Area and to the social disparities in the European Economic Area
strengthening of bilateral relations between the and to the strengthening of bilateral relations
Donor States and the Beneficiary States through between the Donor States and the Beneficiary
financial contributions in the priority sectors States through financial contributions in the
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 170
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listed in paragraph 2. Accordingly, the Parties to priority sectors listed in paragraph 2.
this Memorandum of Understanding shall Accordingly, the Parties to this Memorandum of
endeavour to select for funding programmes that Understanding shall endeavour to select
contribute to the achievement of these objectives. programmes for funding programmes that aim to
contribute to the achievement of these objectives.
2. The financial contributions shall be available 2. The financial contributions shall be available
in the following priority sectors: in the following priority sectorsthematic
(a) Innovation, research, education and priorities:
competitiveness; (a) European green transition;
(b) Social inclusion, youth employment and (b) Democracy, rule of law and human rights;
poverty reduction;
(c) Social inclusion and resilience.
(c) Environment, energy, climate change
and low carbon economy; (a) Innovation, research, education and
competitiveness;
(d) Culture, civil society, good governance,
fundamental rights and freedoms; and (b) Social inclusion, youth employment and
poverty reduction;
(e) Justice and home affairs.
(c) Environment, energy, climate change
and low carbon economy;
(d) Culture, civil society, good governance,
fundamental rights and freedoms; and
(e)(d) Justice and home affairs.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 171
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Article 2 Article 2
Legal Framework Legal Framework
This Memorandum of Understanding shall be This Memorandum of Understanding shall be
read in conjunction with the following documents read in conjunction with the following documents
which, together with this Memorandum of which, together with this Memorandum of
Understanding, constitute the legal framework of Understanding, constitute the legal framework of
the EEA Financial Mechanism 2014-2021: the EEA Financial Mechanism 2014-20212021-
(a) Protocol 38c to the EEA Agreement on 2028:
the EEA Financial Mechanism 2014- (a) Protocol 38c38d to the EEA Agreement
2021; on the EEA Financial Mechanism 2014-
(b) the Regulation on the implementation of 20212021-2028;
the EEA Financial Mechanism 2014- (b) the Regulation on the implementation of
2021 (hereinafter referred to as the the EEA Financial Mechanism 2014-
“Regulation”) issued by the Donor States 20212021-2028 (hereinafter referred to
in accordance with Article 10.5 of as the “Regulation”) issued by the Donor
Protocol 38c; States in accordance with Article 10.5 of
(c) the programme agreements that will be Protocol 38c38d;
concluded for each programme; and (c) the programme agreements that will be
(d) any guidelines adopted by the Financial concluded for each programme; and
Mechanism Committee in accordance (d) any guidelines adopted by the Financial
with the Regulation. Mechanism Committee in accordance
with the Regulation.
Article 3 Article 3
Financial Framework Financial Framework
1. In accordance with Article 2.1 of Protocol 38c, 1. In accordance with Article 2.1 of Protocol Annual tranches are not practically used. However this is based on
the total amount of the financial contribution is € 38c38d, the total amount of the financial protocol and should be kept.
1548.1 million in annual tranches of € 221.16 contribution is € 1548.11 805 million in annual
million over the period running from 1 May 2014 tranches of € 221.16257.86 million over the
to 30 April 2021, inclusive. period running from 1 May 2014 2021 to 30 April
20212028, inclusive.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 172
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2. In accordance with Article 6 of Protocol 38c, a 2. In accordance with Article 6 of Protocol
total of € [amount] shall be made available to the 38c38d, a total of € [amount] shall be made
Beneficiary State over the period referred to in available to the Beneficiary State over the period
Paragraph 1. referred to in Paragraph 1.
3. In accordance with Article 3.2.b) of Protocol 3. In accordance with Article 3.2.b) of Protocol
38c, 10% of the total amount referred to in 38c38d, 10% of the total amount referred to in
paragraph 2 shall be set aside for a fund for civil paragraph 2 shall be set aside for a fund for civil
society. society.
4. In accordance with Article 10.4 of Protocol 38c 4. In accordance with Article 10.49.7 of Protocol
and Article 1.9 of the Regulation, the 38c38d and Article 1.9 of the Regulation, the
management costs of the Donor States shall be management costs of the Donor States shall be
covered by the overall amount referred to above. covered by the overall amount referred to above.
Further provisions to this effect are set out in the Further provisions to this effect are set out in the
Regulation. The net amount of the allocation to Regulation. The net amount of the allocation to
be made available to the Beneficiary State is € be made available to the Beneficiary State is €
[amount]. [amount].
Article 4 Article 4
Roles and responsibilities Roles and responsibilities
1. The Donor States shall make funds available in 1. The Donor States shall make funds available in
support of eligible programmes proposed by the support of eligible programmes proposed by the
Beneficiary State and agreed on by the Financial Beneficiary State and agreed on by the Financial
Mechanism Committee within the priority sectors Mechanism Committee within the priority sectors
listed in Article 3.1 of Protocol 38c and the listed in Article 3.1 of Protocol 38c38d and the
programme areas listed in the Annex to Protocol programme areas listed in the Annex to Protocol
38c. The Donor States and the Beneficiary State 38c38d. The Donor States and the Beneficiary
shall cooperate on the preparation of concept State shall cooperate on the preparation of
notes defining the scope and planned results for concept notes defining the scope and planned
each programme. results for each programme.
2. The Beneficiary State shall assure the full co- 2. The Beneficiary State shall assure the full co-
financing of programmes that benefit from financing of programmes that benefit from
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 173
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support from the EEA Financial Mechanism support from the EEA Financial Mechanism
2014-2021 in accordance with Annex B and the 2014-20212021-2028 in accordance with Annex
programme agreements. B and the programme agreements.
3. The Beneficiary State shall ensure an enabling While the support to the civil society fund is not allocated further to
environment for the unimpeded implementation the MoU, this is an essential component of the EEA Financial
of the Civil Society Fund in the Beneficiary State Mechanism and the Beneficiary States should support an enabling
and shall refrain from taking any measures that environment for its implementation
might prevent Fund Operators from
independently exercising their role.
3. The Financial Mechanism Committee shall 3.4. The Financial Mechanism Committee shall
manage the EEA Financial Mechanism 2014- manage the EEA Financial Mechanism 2014-
2021 and take decisions on the granting of 20212021-2028 and take decisions on the
financial assistance in accordance with the granting of financial assistance in accordance
Regulation. with the Regulation.
4. The Committee shall be assisted by the 4.5. The Committee shall be assisted by the To better reflect the role of the FMO.
Financial Mechanism Office (hereinafter referred Financial Mechanism Office (hereinafter referred
to as the “FMO”). The FMO shall be responsible to as the “FMO”). The FMO shall serve as a
for the day-to-day operations of the EEA contact point for the Beneficiary State be
Financial Mechanism 2014-2021 and shall serve responsible for the day-to-day operations of the
as a contact point. EEA Financial Mechanism 2014-20212021-2028
and shall serve as a contact point.
Article 5 Article 5
Designation of authorities Designation of authorities
The Beneficiary State has authorised a National The Beneficiary State has authorised a National
Focal Point to act on its behalf. The National Focal Point to act on its behalf. The National
Focal Point shall have the overall responsibility Focal Point shall have the overall responsibility
for reaching the objectives of the EEA Financial for reaching the objectives of the EEA Financial
Mechanism 2014-2021 as well as for the Mechanism 2014-20212021-2028 as well as for
implementation of the EEA Financial Mechanism the implementation of the EEA Financial
2014-2021 in the Beneficiary State in accordance Mechanism 2014-20212021-2028 in the
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 174
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with the Regulation. In accordance with Article Beneficiary State in accordance with the
5.2 of the Regulation, the National Focal Point, Regulation. In accordance with Article 5.2 of the
the Certifying Authority, the Audit Authority, Regulation, the National Focal Point, the
and the Irregularities Authority are designated in Certifying Authority, the Audit Authority, and
Annex A. the Irregularities Authority are designated in
Annex A.
Article 6 Article 6
Multi-annual Programming Framework Multi-annual Programming Framework
1. In accordance with Article 2.5 of the 1. In accordance with Article 2.5 of the
Regulation, the Parties have agreed on an Regulation, the Parties have agreed on an
implementation framework consisting of the implementation framework consisting of the
following financial and substantive parameters: following financial and substantive parameters:
(a) a list of agreed programmes and the (a) a list of agreed programmes and the
financial contribution from the EEA financial contribution from the EEA
Financial Mechanism 2014-2021 by Financial Mechanism 2014-20212021-
programme; 2028 by programme;
(b) identification of programmes, their (b) identification of programmes, their
objective, their main focus, as objective, their main focus, as
appropriate, the grant rate by appropriate, the grant rate by
programme, the bilateral ambitions as programme, the bilateral ambitions as
well as any specific concerns relating to well as any conditions and/or specific
target groups, geographical areas or other concerns relating to target groups,
issues; geographical areas or other issues;
(c) identification of programme operators, as (c) identification of programme Programme
appropriate; operatorsOperators, as appropriate;
(d) identification of Donor Programme (d) identification of Donor Programme
Partners, as appropriate; Partners, as appropriate;
(e) identification of International Partner (e) identification of International Partner
Organisations, as appropriate; Organisations, as appropriate;
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 175
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(f) identification of pre-defined projects to (f) identification of pre-defined projects to
be included in relevant programmes. be included in relevant programmes.
2. The implementation framework is outlined in 2. The implementation framework is outlined in
Annex B. Annex B.
Article 7 Article 7
Fund for bilateral relations Fund for bilateral relations
In accordance with Article 4.6 of the Regulation In accordance with Article 4.6.1 of the 3RD Draft: The text has been aligned with the amended provisions in
the Beneficiary State shall set aside funds to Regulation the Beneficiary State shall set aside Chapter 4 of the Regulation (in particular articles 4.6.1, 4.7.1, 4.9.1
strengthen bilateral relations between the Donor funds to strengthen bilateral relations between the and 4.10.1).
States and the Beneficiary State. The National Donor States and the Beneficiary State. The
Focal Point shall manage the use of the fund for agreed amount is reflected in Annex B and is split
bilateral relations and shall establish a Joint between a part for use at national level and a part
Committee for Bilateral Funds in accordance for use at programme level. The National Focal
with Article 4.2 of the Regulation. Point shall manage the use of the fund for
bilateral relations at national level and shall
establish a Joint Committee for the Bilateral
Funds in accordance with Article 4.9.12 of the
Regulation. The Programme Operators shall
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 176
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manage the use of the funds for bilateral relations
allocated to their programmes. For donor
partnership programmes, decisions on the use of
the funds for bilateral relations in the programme
shall be taken by consensus between the
Programme Operator and the Donor Programme
Partner(s).
Article 8
Country Report
In accordance with Article 2.6 of the Regulation, Moved from Annex A
the National Focal Point shall submit to the FMC
an annual Country Report on the implementation
of the EEA Financial Mechanism 2014-
20212021-2028 in the Beneficiary State. The
Strategic Report shall be submitted to the FMC
not later than the last day of February each year.
Article 8 Article 89
Annual meetings Annual meetings
In accordance with Article 2.7 of the Regulation In accordance with Article 2.7 of the Regulation
an annual meeting shall be held between the FMC an annual meeting shall be held between the FMC
and the National Focal Point. The annual meeting and the National Focal Point. The annual meeting
shall allow the FMC and the National Focal Point shall allow the FMC and the National Focal Point
to examine progress achieved over the previous to examine progress achieved over the previous
reporting period and agree on any necessary reporting period and agree on any necessary
measures to be taken. The annual meeting shall measures to be taken. The annual meeting shall
provide a forum for discussion of issues of provide a forum for discussion of issues of
bilateral interest. bilateral interest.
Article 9 Article 910
Modification of the annexes Modification of the annexes
Annex A and B may be amended through an Annex A and B may be amended through an
exchange of letters between the FMC and the exchange of letters between the FMC and the
National Focal Point. National Focal Point.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 177
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Article 10 Article 1011
Control and Access to Information Control and Access to Information
The Financial Mechanism Committee, the EFTA The Financial Mechanism Committee, the EFTA
Board of Auditors and their representatives have Board of Auditors and their representatives have
the right to carry out any technical or financial the right to carry out any technical or financial
mission or review they consider necessary to mission or review they consider necessary to
follow the planning, implementation and follow the planning, implementation and
monitoring of programmes and projects as well as monitoring of programmes and projects as well as
the use of funds. The Beneficiary State shall the use of funds. The Beneficiary State shall
provide all necessary assistance, information and provide all necessary assistance, information and
documentation. documentation.
Article 11 Article 1112
Governing Principles Governing Principles
1. The implementation of this Memorandum of 1. The implementation of this Memorandum of
Understanding shall in all aspects be governed by Understanding shall in all aspects be governed by
the Regulation and subsequent amendments the Regulation and subsequent amendments
thereof. thereof.
2. The objectives of the EEA Financial 2. The objectives of the EEA Financial To align with protocol
Mechanism 2014-2021 shall be pursued in the Mechanism 2014-20212021-2028 shall be
framework of close co-operation between the pursued in the a framework of close co-operation
Donor States and the Beneficiary State. The between the Donor States and the Beneficiary
Parties agree to apply the highest degree of State, respecting the common values and
transparency, accountability and cost efficiency principles of respect for human dignity, freedom,
as well as the principles of good governance, democracy, equality, the rule of law and the
partnership and multi-level governance, respect for human rights, including the rights of
sustainable development, gender equality and persons belonging to minorities. The Parties
equal opportunities in all implementation phases agree to apply the highest degree of transparency,
of the EEA Financial Mechanism 2014-2021. accountability and cost efficiency as well as the
principles of good governance, partnership and
multi-level governance, sustainable
development, gender equality and equal
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 178
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opportunitiesnon-discrimination in all
implementation phases of the EEA Financial
Mechanism 2014-20212021-2028.
3. All programmes and activities funded by the
EEA Financial Mechanism 2021-2028 shall be
consistent with respect for these values and
principles and abstain from supporting operations
that may fail to do so. Their implementation shall
comply with the fundamental rights and
obligations enshrined in relevant instruments and
standards.
3. The Beneficiary State shall take proactive steps 34. The Beneficiary State shall take proactive
in order to ensure adherence to these principles at steps in order to ensure adherence to these values
all levels involved in the implementation of the and principles at all levels involved in the
EEA Financial Mechanism 2014-2021. implementation of the EEA Financial Mechanism
2014-20212021-2028.
4. No later than 31 December 2020, the Parties to 4. No later than 31 December 2020, the Parties to Mid-term review is removed from the Regulation
this Memorandum of Understanding shall review this Memorandum of Understanding shall review
progress in the implementation of this progress in the implementation of this
Memorandum of Understanding and thereafter Memorandum of Understanding and thereafter
agree on reallocations within and between the agree on reallocations within and between the
programmes, where appropriate. The conclusion programmes, where appropriate. The conclusion
of this review shall be taken into account by the of this review shall be taken into account by the
National Focal Point when submitting the National Focal Point when submitting the
proposal on the reallocation of the reserve proposal on the reallocation of the reserve
referred to in Article 1.11 of the Regulation. referred to in Article 1.11 of the Regulation.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 179
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Article 12 Article 1213
Entry into Force Entry into Force
This Memorandum of Understanding shall enter This Memorandum of Understanding shall enter
into force on the day after the date of its last into force on the day after the date of its last
signature. signature.
******** ********
This Memorandum of Understanding is signed in This Memorandum of Understanding is signed in
four originals in the English Language. four originals in the English Language.
Signed in ………………………… on …………. Signed in ………………………… on ………….
Signed in……………on… Signed in……………on…
……………… ………………
For Iceland For Iceland
For [name of Beneficiary State] For [name of Beneficiary State]
……………………………………. …………………………………….
………………………………… …………………………………
Signed in ……………………..….. on …………. Signed in ……………………..….. on ………….
For the Principality of Liechtenstein For the Principality of Liechtenstein
……………………………………. …………………………………….
Signed in ………………………..… on Signed in ………………………..… on
…………. ………….
For the Kingdom of Norway For the Kingdom of Norway
…………………………………….
…………………………………….
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 180
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ANNEX A ANNEX A
National management and control structures National management and control structures
1. National Focal Point 1. National Focal Point To create a more uniform approach
<Name of National Focal Point> shall act as the National Focal Point. <Name of National Focal Point> shall act as the National Focal Point. to identifying the responsible
function in the authority.
[Description of the National Focal Point’s location in the public The Head of the National Focal Point shall be < insert title of Head of
administration, within what ministry and/or administrative unit it NFP >
belongs to, who it reports to, etc.] [Description of the National Focal Point’s location in the public
The roles and responsibilities of the National Focal Point are stipulated administration, within what ministry and/or administrative unit it
in the Regulation, in particular Article 5.3 thereof. [In addition, the belongs to, who it reports to, etc.]
National Focal Point shall:] The roles and responsibilities of the National Focal Point are stipulated
[list any additional roles that the National Focal Point is responsible for.] in the Regulation, in particular Article 5.3 thereof. [In addition, the
National Focal Point shall:]
[If some parts of the roles and responsibilities of the National Focal Point
are implemented by other public authorities, these authorities and their [list any additional roles that the National Focal Point is responsible for.]
roles should be listed here. The text should state clearly that regardless [If some parts of the roles and responsibilities of the National Focal Point
of such delegation of tasks, the responsibility for the performance of are implemented by other public authorities, these authorities and their
these tasks remains with the National Focal Point.] roles should be listed here. The text should state clearly that regardless
of such delegation of tasks, the responsibility for the performance of
these tasks remains with the National Focal Point.]
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 181
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2. Certifying Authority 2. Certifying Authority To create a more uniform approach
<Name of Certifying Authority> shall act as the Certifying Authority. <Name of Certifying Authority> shall act as the Certifying Authority. to identifying the responsible
function in the authority.
[Description of the Certifying Authority’s location in the public The Head of the Certifying Authority shall be < insert title of Head of
administration, within what ministry and/or administrative unit it CA >
belongs to, who it reports to, etc.] [Description of the Certifying Authority’s location in the public
The roles and responsibilities of the Certifying Authority are stipulated administration, within what ministry and/or administrative unit it
in the Regulation, in particular Article 5.4 thereof. [In addition, the belongs to, who it reports to, etc.]
Certifying Authority shall:] The roles and responsibilities of the Certifying Authority are stipulated
[list any additional roles that the Certifying Authority is responsible for.] in the Regulation, in particular Article 5.4 thereof. [In addition, the
Certifying Authority shall:]
[If some parts of the roles and responsibilities of the Certifying
Authority are implemented by other public authorities, these authorities [list any additional roles that the Certifying Authority is responsible for.]
and their roles should be listed here. The text should state clearly that [If some parts of the roles and responsibilities of the Certifying
regardless of such delegation of tasks, the responsibility for the Authority are implemented by other public authorities, these authorities
performance of these tasks remains with the Certifying Authority. In and their roles should be listed here. The text should state clearly that
case of such delegation of tasks, the Certifying Authority must explain regardless of such delegation of tasks, the responsibility for the
how it ensures that the system set up by the authority to which the tasks performance of these tasks remains with the Certifying Authority. In
are delegated are of sufficient quality to ensure that funds from the EEA case of such delegation of tasks, the Certifying Authority must explain
Financial Mechanism 2014-2021 are used efficiently and correctly and how it ensures that the system set up by the authority to which the tasks
in accordance with the principles of sound financial management.] are delegated are of sufficient quality to ensure that funds from the EEA
Financial Mechanism 2014-2021 are used efficiently and correctly and
in accordance with the principles of sound financial management.]
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 182
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3. Audit Authority 3. Audit Authority To create a more uniform approach
<Name of Audit Authority> shall act as the Audit Authority. <Name of Audit Authority> shall act as the Audit Authority. The Head to identifying the responsible
of the Audit Authority shall be < insert title of Head of AA > function in the authority.
[Description of the Audit Authority’s location in the public
administration, within what ministry and/or administrative unit it [Description of the Audit Authority’s location in the public
belongs to, who it reports to, etc.] administration, within what ministry and/or administrative unit it
The roles and responsibilities of the Audit Authority are stipulated in the belongs to, who it reports to, etc.]
Regulation, in particular Article 5.5 thereof. [In addition, the Audit The roles and responsibilities of the Audit Authority are stipulated in the
Authority shall:] Regulation, in particular Article 5.5 thereof. [In addition, the Audit
[list any additional roles that the Audit Authority is responsible for.] Authority shall:]
[If some parts of the roles and responsibilities of the Audit Authority are [list any additional roles that the Audit Authority is responsible for.]
implemented by other public authorities, these authorities and their roles [If some parts of the roles and responsibilities of the Audit Authority are
should be listed here. The text should state clearly that regardless of such implemented by other public authorities, these authorities and their roles
delegations of tasks, the responsibility for the performance of these tasks should be listed here. The text should state clearly that regardless of such
remains with the Audit Authority.] delegations of tasks, the responsibility for the performance of these tasks
The Audit Authority shall be functionally independent of the National remains with the Audit Authority.]
Focal Point and the Certifying Authority. The Audit Authority shall be functionally independent of the National
Focal Point and the Certifying Authority.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 183
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4. Irregularities Authority 4. Irregularities Authority
<Name of Irregularities Authority> shall be responsible for the <Name of Irregularities Authority> shall be responsible for the
preparation and submission of irregularities reports. preparation and submission of irregularities reports.
[Description of this National public entity’s location in the public [Description of this National public entity’s location in the public
administration, within what ministry and/or administrative unit it administration, within what ministry and/or administrative unit it
belongs to, who it reports to, etc.] belongs to, who it reports to, etc.]
The roles and responsibilities of the [name of Irregularities Authority] The roles and responsibilities of the [name of Irregularities Authority]
are stipulated in the Regulation, in particular Article 12.3 thereof. [In are stipulated in the Regulation, in particular Article 12.3 thereof. [In
addition, the [name of Irregularities Authority] responsible for the addition, the [name of Irregularities Authority] responsible for the
preparation and submission of irregularities reports shall:] preparation and submission of irregularities reports shall:]
[list any additional roles that the Irregularities Authority is responsible [list any additional roles that the Irregularities Authority is responsible
for.] for.]
[If some parts of the roles and responsibilities of the Irregularities [If some parts of the roles and responsibilities of the Irregularities
Authority are implemented by other public authorities, these authorities Authority are implemented by other public authorities, these authorities
and their roles should be listed here. The text should state clearly that and their roles should be listed here. The text should state clearly that
regardless of such delegations of tasks, the responsibility for the regardless of such delegations of tasks, the responsibility for the
performance of these tasks remains with the Irregularities Authority.] performance of these tasks remains with the Irregularities Authority.]
5. Strategic Report 5. Strategic Report Moved to MoU main text
In accordance with Article 2.6 of the Regulation, the National Focal In accordance with Article 2.6 of the Regulation, the National Focal
Point shall annually submit to the FMC a Strategic Report on the Point shall annually submit to the FMC a Strategic Report on the
implementation of the EEA Financial Mechanism 2014-2021 in the implementation of the EEA Financial Mechanism 2014-2021 in the
Beneficiary State. The Strategic Report shall be submitted to the FMC Beneficiary State. The Strategic Report shall be submitted to the FMC
at least two months before the annual meeting unless otherwise agreed. at least two months before the annual meeting unless otherwise agreed.
6. Organigram 6. Organigram
[A simple organigram describing the position of the main public [A simple organigram describing the position of the main public
authorities involved in the implementation of the EEA Financial authorities involved in the implementation of the EEA Financial
Mechanism 2014-2021.] Mechanism 2014-2021.]
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 184
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ANNEX B ANNEX B
Implementation framework Implementation framework
In accordance with Article 2.5 of the Regulation, the Parties to this In accordance with Article 2.5 of the Regulation, the Parties to this
Memorandum of Understanding have agreed on an implementation Memorandum of Understanding have agreed on an implementation
framework outlined in this annex. framework outlined in this annex.
1. Financial parameters of the implementation framework 1. Financial parameters of the implementation framework
[Beneficiary State] EEA FM National [Beneficiary State] EEA FM National
contribution contribution contribution contribution
Programmes Programmes
1 [Name of programme] € [amount] € [amount] 1 [Name of programme] € [amount] € [amount]
2 [Name of programme] € [amount] € [amount] 2 [Name of programme] € [amount] € [amount]
3 [Name of programme] € [amount] € [amount] 3 [Name of programme] € [amount] € [amount]
4 [Name of programme] € [amount] € [amount] 4 [Name of programme] € [amount] € [amount]
5 [Name of programme] € [amount] € [amount] 5 [Name of programme] € [amount] € [amount]
6 [Name of programme] € [amount] € [amount] 6 [Name of programme] € [amount] € [amount]
7 [Name of programme] € [amount] € [amount] 7 [Name of programme] € [amount] € [amount]
8 [Name of programme] € [amount] € [amount] 8 [Name of programme] € [amount] € [amount]
9 [Name of programme] € [amount] € [amount] 9 [Name of programme] € [amount] € [amount]
10 [Name of programme] € [amount] € [amount] 10 [Name of programme] € [amount] € [amount]
Other allocations Other allocations
Technical assistance to € [amount] € [amount] Technical assistance to the € [amount] € [amount]
the Beneficiary State Beneficiary State (Art. 1.10)
(Art. 1.10) Reserve (Art. 1.11) € [amount] € [amount]
Reserve (Art. 1.11) € [amount] € [amount] Reserve for completion of € [amount] € [amount]
Reserve for completion € [amount] € [amount] projects under FM 200914-
of projects under FM 1421 (Art. 1.121)
2009-14 (Art. 1.12) Funds for bilateral relations € [amount] € [amount]
Fund for bilateral € [amount] € [amount] at national level (Art.
relations (Art. 4.6.1) 4.6.14.7)
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 185
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Net allocation to [BS] € [total] € [total] Funds for bilateral relations € [amount] € [amount]
at programme level (Art.
4.10)
Net allocation to [BS] € [total] € [total]
2. Conditions
[Narrative text on any conditions.]
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 186
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Current text New text (with track changes) Comments
2. Specific concerns 23. Specific concerns
[List of specific concerns such as Roma inclusion, cooperation with [Narrative text on any country List of specific concerns such as Roma
international organisations, reference to Council of Europe standards,
inclusion, cooperation with international organisations, reference to
etc.]
Council of Europe standards, etcor other relevant issues.]
3. Substantive parameters of the implementation framework 34. Substantive parameters of the implementation framework
The programmes described below are to be implemented subject to the The programmes described below are to be implemented subject to the
approval of the FMC, in accordance with Article 6.3 of the Regulation. approval of the FMC, in accordance with Article 6.3 of the Regulation.
A. Programme [name of programme] A. Programme [name of programme]
Programme objective: [Objective] Programme objective: [Objective]
Programme grant: [Programme grant] Programme grant: [Programme grant]
Programme co-financing: [Programme co-financing] Programme co-financing: [Programme co-financing]
Programme Operator: [Name of Programme Operator (if known). Programme Operator: [Name of Programme Operator (if known).
Mention if the designation is in accordance with Article 6.13 of the Mention if the designation is in accordance with Article 6.13 of the
Regulation. (If PO is not known, designation of the PO is regulated in Regulation. (If PO is not known, designation of the PO is regulated in
Article 5.2.3 or Article 6.13 of the Regulation).] Article 5.2.3 or Article 6.13 of the Regulation).]
Donor programme partner(s): [Name of donor programme partner(s) Donor programme partner(s): [Name of donor programme partner(s)
(if relevant)] (if relevant)]
International Partner Organisation(s): [Name of International Partner International Partner Organisation(s): [Name of International Partner
Organisation(s) (if relevant)] Organisation(s) (if relevant)]
Programme area(s): [Programme area(s) covered by the Programme area(s): [Programme area(s) covered by the
programme] programme]
Special concerns: [Narrative text on any special concern and on Programme specific conditions: [Narrative text on any conditions.]
whether this programme aims to address needs of certain target groups, Programme Sspecifical concerns: [Narrative text on any
geographical areas or other issues.] specifical concern and on whether this programme aims to address needs
of certain target groups, geographical areas or other issues.]
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 187
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Current text New text (with track changes) Comments
Bilateral ambitions: [Narrative text on the bilateral ambitions of Bilateral ambitions: [Narrative text on the bilateral ambitions of
the programme.] the programme.]
Pre-defined Name of project: [Name of project. If Pre-defined Name of project: [Name of project. If
projects only the general area projects only the general area
is known, describe is known, describe
the area] the area]
Description: [Brief description of Description: [Brief description of
project(s)] project(s)]
Project Promoter: [Name of project Project Promoter: [Name of project
promoter if known] promoter if known]
Donor project Donor project
Partner: [Name of donor project Partner: [Name of donor project
partner if known] partner, where
Maximum grant: [Maximum grant relevant if known]
amount earmarked Maximum grant amount: [Maximum
for grant amount
amount the project] earmarked for
the the project,
including national
co-financing]
[The programme will be implemented in conjunction with the
programme [name] implemented under the Norwegian Financial
Mechanism 2014-2021.]
[The programme will be implemented in conjunction with the programme
[name] implemented under the Norwegian Financial Mechanism 2014-
2021.]
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 188
Annex 2: Template for MoU
Current text New text (with track changes) Comments
B. Programme [name of programme] B. Programme [name of programme]
[Repeat template text as needed] [Repeat template text as needed]
[If the substantive parameters are not exhaustive, this text should to be [If the substantive parameters are not exhaustive, this text should to be
added:] added:]
Identification of the substantive parameters for any remaining Identification of the substantive parameters for any remaining
programmes shall be made in accordance with the Regulation. programmes shall be made in accordance with the Regulation.
C. Projects under the EEA Financial Mechanism 2009-2014 funded C. Projects under the EEA Financial Mechanism 20092014-2014
through the reserve referred to in Article 1.12 of the Regulation 2021 funded through the reserve referred to in Article 1.12 11 of the
Regulation
Name and number of project Amount from reserve Name and number of project Amount from reserve
€ [amount] € [amount]
€ [amount] € [amount]
Total amount € [total amount] Total amount € [total amount]
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 189
Annex 3: Bilateral Fund Agreement template
Current text New text (with track changes) Comments
European Economic Area Financial European Economic Area Financial
Mechanism 2014-2021 Mechanism 2014-20212021-2028
Norwegian Financial Mechanism 2014-2021 Norwegian Financial Mechanism 2014-
AGREEMENT 20212021-2028
between AGREEMENT
The Financial Mechanism Committee and between
the Norwegian Ministry of Foreign Affairs The Financial Mechanism Committee and
hereinafter referred to as the “Donors”, the Norwegian Ministry of Foreign Affairs
and hereinafter referred to as the “Donors”,
The [name of the National Focal Point], and
hereinafter referred to as the “National The [name of the National Focal Point],
Focal Point”, hereinafter referred to as the “National
representing [name of the Beneficiary Focal Point”,
State], representing [name of the Beneficiary
hereinafter referred to as the “Beneficiary State],
State” hereinafter referred to as the “Beneficiary
together hereinafter referred to as the State”
“Parties” together hereinafter referred to as the
on the Fund for Bilateral Relations “Parties”
hereinafter referred to as the “agreement” on the Funds for Bilateral Relations
Annex 3: Bilateral Fund Agreement hereinafter referred to as the “agreement”
template
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 190
Annex 3: Bilateral Fund Agreement template
Chapter 1 Chapter 1
Scope, Legal Framework, Definitions and Scope, Legal Framework, Definitions and
responsibilities responsibilities
Article 1.1 Article 1.1
Scope Scope
This agreement between the Donors and the National This agreement between the Donors and the National
Focal Point lays down the rights and obligations of the Focal Point lays down the rights and obligations of the
Parties regarding the use of the Fund for Bilateral Parties regarding the use of the fFunds for bBilateral
Relations under the financial contribution from the rRelations at national level under the financial
EEA and the Norwegian Financial Mechanisms 2014- contribution from the EEA and the Norwegian
2021 (hereinafter referred to as the “Mechanisms”). Financial Mechanisms 2014-20212021-2028
(hereinafter referred to as the “Mechanisms”).
Article 1.2 Article 1.2
Legal Framework Legal Framework
1. This agreement shall be read in conjunction with the 1. This agreement shall be read in conjunction with the
following documents, which constitute the legal following documents, which constitute the legal
framework of the EEA and Norwegian Financial framework of the EEA and Norwegian Financial
Mechanisms 2014-2021: Mechanisms 2014-20212021-2028:
(a) the Agreement between the Kingdom of (a) the Agreement between the Kingdom of
Norway and the European Union on a Norway and the European Union on a
Norwegian Financial Mechanism for the Norwegian Financial Mechanism for the
period 2014-2021 and Protocol 38c to the period 2014-20212021-2028 and Protocol
EEA Agreement on the EEA Financial 38c38d to the EEA Agreement on the EEA
Mechanism (2014-2021); Financial Mechanism (2014-20212021-
(b) the Regulation on the implementation of the 2028);
Norwegian Financial Mechanism 2014-2021 (b) the Regulation on the implementation of the
and the Regulation on the implementation of Norwegian Financial Mechanism 2014-
the EEA Financial Mechanism 2014-2021 20212021-2028 and the Regulation on the
(hereinafter referred to as the “Regulations”); implementation of the EEA Financial
(c) the Memorandum of Understanding on the Mechanism 2014-20212021-2028
Implementation of the Norwegian Financial (hereinafter referred to as the “Regulations”);
Mechanism 2014-2021 and the (c) the Memorandum of Understanding on the
Memorandum of Understanding on the Implementation of the Norwegian Financial
Implementation of the EEA Financial Mechanism 2014-20212021-2028 and the
Mechanism 2014-2021 (hereinafter referred Memorandum of Understanding on the
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 191
Annex 3: Bilateral Fund Agreement template
to as the “MoUs”), entered into between the Implementation of the EEA Financial
Donor States and the Beneficiary State; and Mechanism 2014-20212021-2028
(d) any guidelines adopted by the Donors in (hereinafter referred to as the “Memoranda of
accordance with the Regulations. Understandings”), entered into between the
Donor States and the Beneficiary State; and
(d) any guidelines adopted by the Donors in
accordance with the Regulations.
2. The legal framework as set forth in paragraph 1 of 2. The legal framework as set forth in paragraph 1 of
this Article is binding for the Parties. An act or this Article is binding for the Parties. An act or
omission by a Party to this agreement that is omission by a Party to this agreement that is
incompatible with the legal framework constitutes a incompatible with the legal framework constitutes a
breach of this agreement by that Party. breach of this agreement by that Party.
Article 1.3 Article 1.3
Definitions Definitions
Terms used and institutions and documents referred to Terms used and institutions and documents referred to
in this agreement shall be understood in accordance in this agreement shall be understood in accordance
with the Regulations, in particular Article 1.6 thereof, with the Regulations, in particular Article 1.6 thereof,
and the legal framework referred to in Article 1.2 of and the legal framework referred to in Article 1.2 of
this agreement. this agreement.
Article 1.4 Article 1.4
Co-operation Co-operation
1. The Parties shall take all appropriate and necessary 1. The Parties shall take all appropriate and necessary
measures to ensure fulfilment of the obligations and measures to ensure fulfilment of the obligations and
objectives arising out of this agreement. objectives arising out of this agreement.
2. The Parties agree to provide all information 2. The Parties agree to provide all information
necessary for the good functioning of this agreement necessary for the good functioning of this agreement
and to apply the principles of implementation as set and to apply the principles of implementation as set
out in Article 1.3 of the Regulations. out in Article 1.3 of the Regulations.
3. The Parties shall promptly inform each other of any 3. The Parties shall promptly inform each other of any
circumstances that interfere or threaten to interfere circumstances that interfere or threaten to interfere
with the successful implementation of this agreement. with the successful implementation of this agreement.
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4. In executing this agreement the Parties declare to 4. In executing this agreement the Parties declare to Aligned with the corresponding provision in the Programme Agreement
counteract corrupt practices. Further, they declare not counteract corrupt practices. Further, they declare not template.
to accept, either directly or indirectly, any kind of to accept, either directly or indirectly, any kind of
offer, gift, payments or benefits which would or could offer, gift, payments or benefits which would or could
be construed as illegal or corrupt practice. The Parties be construed as illegal or corrupt practice or giving rise
shall immediately inform each other of any indication to a conflict of interest. The Parties shall immediately
of corruption or misuse of resources related to this inform each other of any indication of corruption or
agreement. misuse of resources related to this agreement.
Chapter 2 Chapter 2
Budget, objective and implementation system Budget, objective and implementation system
for the Fund for Bilateral Relations for the Bilateral Fund for Bilateral Relations
Article 2.1 Article 2.1
Budget Budget
1. In accordance with Article 4.6 of the Regulations, 1. In accordance with Article 4.6 of the Regulations,
the Beneficiary State, acting through the National the Beneficiary State, acting through the National
Focal Point, has set aside EUR [amount] for a Fund for Focal Point, has set aside EUR [amount] for a Fund for
bilateral relations. bilateral relations. Bilateral Fund at national level
(hereinafter referred to as ‘Bilateral Fund’).
2. The Fund for Bilateral Relations is supported jointly 2. The Fund for Bilateral RelationsThe Bilateral Fund
by the EEA Financial Mechanism and the Norwegian is supported jointly by the EEA Financial Mechanism
Financial Mechanism, in accordance with the and the Norwegian Financial Mechanism, in
allocations set in paragraph 3. accordance with the allocations set in paragraph 3the
respective Memoranda of Understanding.
3. The support from the EEA Financial Mechanism to 3. The support from the EEA Financial Mechanism to
the Fund for Bilateral Relations is EUR [amount]. The the Fund for Bilateral RelationsBilateral Fund is EUR
support from the Norwegian Financial Mechanism to [amount]. The support from the Norwegian Financial
the Fund for Bilateral Relations is EUR [amount]. Mechanism to the Fund for Bilateral
RelationsBilateral Fund is EUR [amount].
Article 2.2 Article 2.2
Objective Objective
The Fund for Bilateral Relations shall be used to The Fund for Bilateral RelationsBilateral Fund shall Reference to bilateral funds at programme level removed.
support activities aiming at strengthening bilateral be used to support activities aiming at strengthening
relations between the Donor States and the Beneficiary bilateral relations between the Donor States and the
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States, in line with Article 4.1 of the Regulation. Such Beneficiary States, in line with Article 4.1 of the
activities may take place both in the context of Regulations. Such activities may take place both in the
implementation of programmes or through joint context of implementation of programmes or through
initiatives beyond the programmes. joint initiatives beyond the programmes.
Article 2.3 Article 2.3
Joint Committee for Bilateral FundsJoint Role and Composition of the Joint Committee for
Committee for the Bilateral Fund the Bilateral Funds
1. The National Focal Point shall establish a Joint 1. The National Focal Point shall establish a Joint
Committee for Bilateral FundsJoint Committee for the Committee for Bilateral FundsJoint Committee for the
Bilateral Fund as soon as possible after the signature Bilateral Fund as soon as possible after the signature
of the MoUs. Its tasks shall inter alia include: of the MoUs. The Joint Committee for the Bilateral
Fund shall be established in line with Article 4.9 of the
(a) discussing matters of bilateral interests,
Regulations. Its tasks shall inter alia include:
identifying initiatives and reviewing the
overall progress towards reaching the (a) discussing matters of bilateral interests
objective of strengthened bilateral relations; beyond the programmes, identifying bilateral
initiatives at national level and reviewing the
(b) adopting the Work Plan for the fund for
overall progress towards reaching the
bilateral relations to be discussed at the
objective of strengthened bilateral relations;
annual meeting; and
(b) adopting the Work Plan for the fund for
(c) identifying and allocating bilateral funds to
Bbilateral relationsFund; to be discussed at
programmes of bilateral interest.
the annual meeting; and
(c) identifying and allocating bilateral funds to
programmes of bilateral interest.taking
decisions on the use of the bilateral funds at
national level.
2. The Joint Committee for Bilateral FundsJoint 2. The Joint Committee for Bilateral Funds shall meet Moved
Committee for the Bilateral Fund shall meet at least at least once a year prior to the annual meeting. The
once a year prior to the annual meeting. The National National Focal Point is responsible for organising the
Focal Point is responsible for organising the meetings. meetings.
3. The Joint Committee for Bilateral FundsJoint 23. The Joint Committee for the Bilateral Funds shall Additional text is from the template for the composition, role and
Committee for the Bilateral Fund shall be chaired by be chaired by the National Focal Point. Additional functioning of the JCBF document in use in the 14-21 Mechanisms.
the National Focal Point and composed of members shall include and composed of
representatives from the Donor States, and from the representatives from the Donor States, and from the
Beneficiary State, including the respective ministry of
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Beneficiary State, including the respective ministry of foreign affairs [add any other members as relevant].
foreign affairs [add any other members as relevant]. The members may appoint their deputy by written
notification to the National Focal Point. The deputy
shall have the same rights as the member.
[4. Add details regarding role and functioning as [34. Add details regarding role and functioning as The proposal referred to in the current Article 4.2.6 has been removed.
relevant, based on the proposal referred to in Article relevant., based on the proposal referred to in Article
4.2 paragraph 6 of the Regulations.] 4.2 paragraph 6 of the Regulations.]
5. The National Focal Point is responsible for 5. The National Focal Point is responsible for Moved
preparing the draft agenda, which shall be sent to the preparing the draft agenda , which shall be sent to the
members of the Joint Committee for Bilateral members of the Joint Committee for Bilateral
FundsJoint Committee for the Bilateral Fund and the FundsJoint Committee for the Bilateral Fund and the
FMO at least two weeks before the meeting for FMO at least two weeks before the meeting for
comments. comments.
6. Decisions from the Joint Committee for Bilateral 6. Decisions from the Joint Committee for Bilateral Moved
FundsJoint Committee for the Bilateral Fund shall be FundsJoint Committee for the Bilateral Fund shall be
taken by consensus between the members of the taken by consensus between the members of the
Committee. In case no consensus can be reached, the Committee. In case no consensus can be reached, the
decision shall be taken by the FMC. decision shall be taken by the FMC.
7. Decisions taken at the meeting of the Joint 7. Decisions taken at the meeting of the Joint Moved
Committee shall be set out in the agreed minutes. The Committee shall be set out in the agreed minutes. The
National Focal Point is responsible for the drafting of National Focal Point is responsible for the drafting of
the minutes from the meeting, summarising the main the minutes from the meeting, summarising the main
points discussed at the meeting and following the points discussed at the meeting and following the
structure of the agenda. These minutes shall be structure of the agenda. These minutes shall be
decision oriented, follow-up oriented and task decision oriented, follow-up oriented and task
oriented. oriented.
8. Decisions of the Joint Committee may also be made 8. Decisions of the Joint Committee may also be made Moved
in writing between the members. in writing between the members.
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Article 2.4
Meetings of the Joint Committee for the
Bilateral Fund
1. The Joint Committee for the Bilateral Fund shall The provisions in this Article are taken from Article 2.3 of the current
meet at least once a year prior to the annual meeting. BFA and the template for the proposal document for the Composition, role
The National Focal Point is responsible for organising and functioning of the Joint Committee for the Bilateral Funds.
the meetings. The tentative dates of the meetings shall
be included in the Work Plan. Additional meetings
may be organised at the justified proposal of any of the
members and with the agreement of the National Focal
Point.
2. The National Focal Point is responsible for
preparing the draft agenda of the meetings of the Joint
Committee for the Bilateral Fund, which shall be sent
to the members of the Committee and the Financial
Mechanism Office (hereinafter referred to as the
“FMO”), at least two weeks before the meeting for
comments.
3. Any member of the Joint Committee for the
Bilateral Fund may invite representatives from the
Programme Operators, Donor Programme Partners or
others to participate in meetings as observers if/when
their participation is needed for specific issues to be
discussed.
4. Representatives of the FMO shall be invited to
participate at the meetings of the Joint Committee for
the Bilateral Fund as observers.
5. The working language of the Joint Committee for
the Bilateral Fund shall be English, i.e. the meetings
shall be conducted in English and all documents
presented to, and produced by, the Committee shall be
in English.
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6. The meetings of the Joint Committee for the
Bilateral Fund shall be considered valid if attended by
at least half of the Committee’s members, of which at
least one of the members should be from the Donor
States. In case a member cannot participate in the
meetings, they may provide written input to the
National Focal Point in advance of the meetings.
Requests for participation through video link or phone
conferencing should be accommodated.
Article 2.5 The provisions in this Article are taken from Article 2.3 of the current
Decisions by the Joint Committee for the BFA and the template for the proposal document for the Composition,
Bilateral Fund role and functioning of the Joint Committee for the Bilateral Funds.
1. Decisions by the Joint Committee for the Bilateral
Fund shall be taken by consensus between the
members of the Committee. In case no consensus can
be reached, the decision shall be taken by the FMC.
2. The National Focal Point is responsible for the
drafting of meeting minutes. The minutes shall set out
decisions taken and summarize the main discussion
points, following the structure of the agenda. The
minutes shall be decision oriented, follow-up oriented
and task oriented.
3. The draft minutes from the meetings shall be
circulated to all members of the Joint Committee for
the Bilateral Fund and the FMO not later than 10
working days after the meeting. Comments to the
minutes should be provided within 10 working days of
receipt. After considering comments received or in
case of absence of comments, the minutes shall be
agreed between the members who participated at the
meetings. The final minutes shall be sent to the
members of the Committee and the FMO not later than
four weeks after the meetings.
4. Decisions of the Joint Committee for the Bilateral
Fund may be made in writing between the members.
5. Observers of the Joint Committee for the Bilateral
Fund shall always be included in copy of any
communication and shall be given possibility to
provide comments and proposals as well as participate
in the meetings.
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Article 2.4 Article 2.6
Work Plan Work Plan
1. The National Focal Point shall, in consultation with 1. The National Focal Point shall, in consultation with Article is adjusted to accurately reflect the current practice regarding the
the Donors, prepare a draft description of the proposed the Donors, prepare an initial draft Work Plan for Work Plan and to include provisions from the template for the proposal
implementation and activities under the Fund for description of the proposed the implementation and document for the Composition, role and functioning of the Joint Committee
Bilateral Relations for the duration of the Fund activities under the Bilateral FundFund for Bilateral for the Bilateral Funds.
(hereinafter referred to as the “Work Plan”). The Work Relations for the duration of the Fund (hereinafter
Plan shall inter alia include a brief description of the referred to as the “Work Plan”). The Work Plan shall
implementation system for the Fund for Bilateral include the share of the Bilateral Fund available for
Relations, major activities to be organised under the activities involving entities from each Donor State.
Fund, and the programmes of bilateral interest. The Work Plan shall inter alia include a brief
description of the implementation system for the Fund
for Bilateral Relations, major activities to be organised
under the Fund, and the programmes of bilateral
interest. A template for the Work Plan will be provided
by the FMC.
2. The draft Work Plan shall be submitted to the 2. The initial draft Work Plan shall be submitted to the
members of the Joint Committee for Bilateral members of the Joint Committee for Bilateral
FundsJoint Committee for the Bilateral Fund and the FundsJoint Committee for the Bilateral Fund and the
FMO for comments at least four weeks prior to the FMO for comments at least four weeks prior to the first
meeting of the Joint Committee. meeting of the Joint Committee.
3. The draft Work Plan shall be further developed and 3. The initial Work Plan shall be adopted by the Joint
adopted by the Joint Committee for Bilateral Committee for the Bilateral Fund at its first meeting,
FundsJoint Committee for the Bilateral Fund. based on the draft by the National Focal Point. If it is
not possible to adopt the Work Plan at the first
meeting, the Committee shall agree on a timeframe for
its adoption.The draft Work Plan shall be further
developed and adopted by the Joint Committee for
Bilateral Funds.
4. The Work Plan is the working document for the
Joint Committee for the Bilateral Fund and shall be
updated as relevant to reflect the decisions of the
Committee. Further to the adoption of the initial Work
Plan, the Work Plan shall be modified by consensus of
the Committee, to reflect all the decisions of the
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Committee and the relevant developments of the
Bilateral Fund.
4. The Work Plan will be discussed at the Annual 5. The Work Plan will shall be discussed at the Annual
Meeting. Meeting.
5. Modifications to the Work Plan shall be decided by 6. Modifications to the Work Plan shall be decided by
the Joint Committee for Bilateral FundsJoint the Joint Committee for Bilateral FundsJoint
Committee for the Bilateral Fund and reported on at Committee for the Bilateral Fund and reported on at
the Annual Meeting. the Annual Meeting.
6. Any comments to the Work Plan made at the Annual 7. Any comments to the Work Plan made at the Annual
Meeting shall be taken into account by the Joint Meeting shall be taken into account by the Joint
Committee for Bilateral FundsJoint Committee for the Committee for Bilateral FundsJoint Committee for the
Bilateral Fund. Bilateral Fund.
Article 2.5 Article 2.7
Allocation of funds for bilateral relations Allocations of funds for bilateral relations
1. Allocation of funds for bilateral relations shall be 1. Allocations of funds for bilateral relations shall be
based on the principles of transparency, equal based on the principles of transparency, equal
treatment, accountability and sound financial treatment, accountability and sound financial
management. management.
2. Where the Joint Committee for the Bilateral Fund
decides to organise calls for proposals, the following
shall apply:
(a) the National Focal Point shall be responsible for
organising calls for proposals and drafting the call text,
including eligibility criteria, according to the
provisions of the Work Plan;
(b) the Committee and the FMO shall be consulted on
the call text and comments received shall be duly taken
into consideration;
(c) the calls shall be published on the websites of the
National Focal Point, the Donor Embassies and the
EEA and Norway Grants and be advertised as widely
as possible; and
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(d) rules for awarding funds shall be agreed by the
Committee.
3. Any members of the Joint Committee for the
Bilateral Fund may, using a template provided by the
National Focal Point, propose pre-defined bilateral
initiatives to be included in the Work Plan. The
contracting, implementation, monitoring and
verification of predefined bilateral initiatives shall be
carried out by the National Focal Point.
2. The Parties agree that the following activities, as a 4. The Parties agree that the following activities, as a
minimum, will be implemented under the Fund for minimum, will be implemented under the Bilateral
Bilateral Relations: Fund.Fund for Bilateral Relations:
[Add as appropriate.] [Add as appropriate.]
3. Parts of the funds for bilateral relations shall be 3. Parts of the funds for bilateral relations shall be Removed as no longer relevant after the split of bilateral funds between
made available to Programme Operators for activities made available to Programme Operators for activities national and programme level.
aiming at strengthening bilateral relations between the aiming at strengthening bilateral relations between the
Donor States and the Beneficiary State. The allocation Donor States and the Beneficiary State. The allocation
of funds for bilateral relations to Programme of funds for bilateral relations to Programme
Operators shall be based on expressions of interest Operators shall be based on expressions of interest
submitted by the Programme Operators. Programmes submitted by the Programme Operators. Programmes
of particular bilateral interest identified in the MoU of particular bilateral interest identified in the MoU
shall be given priority. shall be given priority.
4. Funds for bilateral relations allocated to 4. Funds for bilateral relations allocated to Removed.
programmes shall be managed by the relevant programmes shall be managed by the relevant
Programme Operator, in accordance with any Programme Operator, in accordance with any
recommendation from the Joint Committee for recommendation from the Joint Committee for
Bilateral FundsJoint Committee for the Bilateral Fund. Bilateral Funds. The cost of management of the funds
The management of the funds for bilateral relations by for bilateral relations by the Programme Operators
the Programme Operators shall be proportionate to the shall be proportionate to the size of the funds allocated
size of the funds allocated to their respective to their respective programme, should be aimed at
programme, should be aimed at facilitating the facilitating the participation of Donor State entities in
participation of Donor State entities in the funds and the funds and should be based on the principles
should be based on the principles referred to in referred to in paragraph 1.
paragraph 1.
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5. Decisions on the management and use of the funds 5. Decisions on the management and use of the funds Removed.
for bilateral relations allocated to programmes for bilateral relations allocated to programmes
implemented in cooperation with Donor Programme implemented in cooperation with Donor Programme
Partners and/or International Partner Organisations Partners and/or International Partner Organisations
shall be taken by consensus between the Programme shall be taken by consensus between the Programme
Operator, Donor Programme Partner and/or Operator, Donor Programme Partner and/or
International Partner Organisation. International Partner Organisation.
6. The Programme Operators shall report to the 6. The Programme Operators shall report to the Removed.
National Focal Point on the use of the funds for National Focal Point on the use of the funds for
bilateral relations allocated to their programme. bilateral relations allocated to their programme.
Article 2.6 Article 2.8
Reporting Reporting
The National Focal Point shall, in accordance with The National Focal Point shall, in accordance with Amended in line with the Regulations changes.
Article 4.6 paragraph 2 of the Regulations, report on Article 4.7.16 paragraph 2 of the Regulations, report
the use of the Fund for Bilateral Relations in the on the use of the Fund for Bilateral RelationsBilateral
Strategic Report, as defined in Article 2.6 of the Fund, including the work of the Joint Committee for
Regulations. the Bilateral Fund, in the Strategic Country Report, as
defined in Article 2.6 of the Regulations.
2. The Joint Committee for the Bilateral Fund shall be
invited to comment on the bilateral relations section of
the Strategic Report before the National Focal Point
submits it to the Donors.
Article 2.7 Article 2.9
Communication Communication
1. All communication to the Donors regarding this 1. All communication to the Donors regarding this
agreement shall take place in English and be directed agreement shall take place in English and be directed
to the Financial Mechanism Office (hereinafter to the Financial Mechanism Office (hereinafter
referred to as the “FMO”), which represents the referred to as the “FMO”), which represents the
Donors towards the National Focal Point in relation to Donors towards the National Focal Point in relation to
the implementation of this agreement. the implementation of this agreement.
2. To the extent that original documents are not 2. To the extent that original documents are not
available in the English language, the documents shall available in the English language, the documents shall
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be accompanied by full and accurate translations into be accompanied by full and accurate translations into
English. English.
3. The National Focal Point shall bear the 3. The National Focal Point shall bear the
responsibility for the accuracy of the translation that it responsibility for the accuracy of the translation that it
provides and the possible consequences that might provides and the possible consequences that might
arise from any inaccurate translations. arise from any inaccurate translations.
Article 2.8 Article 2.10
Representations and Warranties Representations and Warranties
1. This agreement is based on information provided 1. This agreement is based on information provided
by, through, or on behalf of the National Focal Point by, through, or on behalf of the National Focal Point
to the Donors. to the Donors.
2. The National Focal Point represents and warrants 2. The National Focal Point represents and warrants
that all information provided by, through, or on behalf that all information provided by, through, or on behalf
of the National Focal Point in connection with this of the National Focal Point in connection with this
agreement is authentic, accurate and complete. agreement is authentic, accurate and complete.
Chapter 3 Chapter 3
Finance Finance
Article 3.1 Article 3.1
Eligible expenditures Eligible expenditures
1. Expenditure on the Fund for Bilateral Relations is 1. Expenditure under the Bilateral Fundon the Fund for Aligned with changes in the Regulations.
eligible if it complies with the provisions of Article 8.8 Bilateral Relations is eligible if it falls within eligible
of the Regulations. the activities as describeddefined in complies with the
provisions of Article 8.84.5 of the Regulations.
2. Notwithstanding and in addition to the provisions of 2. Notwithstanding and in addition to the provisions of Aligned with changes in the Regulations.
paragraph 1 of this Article, expenditures under this paragraph 1 of this Article, the rules on eligibility of
agreement are only eligible if they comply with the expenditures set out in Chapter 8 apply mutatis
general principles on eligibility of expenditure mutandis to the Bilateral Fund. Notwithstanding and
contained in Chapter 8 of the Regulations, as in addition to the provisions of paragraph 1 of this
applicable. Article, expenditures under this agreement are only
eligible if they comply with the general principles on
eligibility of expenditure contained in Chapter 8 of the
Regulations, as applicable.
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3. The first date of eligibility of expenditures under 3. The first date of eligibility of expenditures under
this agreement shall be [date of last signature of this agreement shall be [date of last signature of
whichever MoU is signed first]. whichever Memoranda of Understanding is signed
first].
4. The final date of eligibility of expenditures under 4. The final date of eligibility of expenditures under
this agreement shall be 30 April 2025. this agreement shall be 30 April 20252032.
Article 3.2 Article 3.2
Proof of expenditure Proof of expenditure
Costs incurred by the National Focal Point, the Costs incurred by the National Focal Point, the
Programme Operators or any final beneficiary under Programme Operators or any final beneficiary under
this agreement shall be supported by documentary this agreement shall be supported by documentary
evidence as required in Article 8.12 of the evidence as required in Article 8.12 of the
Regulations. Regulations.
Article 3.3
Proof of conditions fulfilled for simplified cost
options
Costs of the National Focal Point or of any final
beneficiary under this agreement that are covered
by simplified cost options shall be supported by
proof of conditions fulfilled in accordance with
Article 8.13 of the Regulations.
Article 3.3 Article 3.43
Payments Payments
1. Payments under this agreement shall be made when 1. Payments under this agreement shall be made when
all relevant conditions for payments stipulated in this all relevant conditions for payments stipulated in this
agreement and the Regulations have been fulfilled. agreement and the Regulations have been fulfilled.
2. Payments shall take the form of an advance 2. Payments shall take the form of an advance
payment, interim payments and payment of the final payment, interim payments and payment of the final
balance and shall be made in accordance with Articles balance and shall be made in accordance with Articles
9.2, 9.3, 9.4 and 9.5 of the Regulations. The final 9.2, 9.3, 9.4 and 9.5 of the Regulations. The final
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balance shall be calculated and reported in the last balance shall be calculated and reported in the last
interim financial report. interim financial report.
3. The level of the advance payment is EUR [amount]. 3. The level of the advance payment is EUR [amount].
The advance payment shall be made upon signature of The advance payment shall be made upon signature of
this agreement. In exceptional cases, extraordinary this agreement. In exceptional cases, extraordinary
advance payments may be made prior to the signing of advance payments may be made prior to the signing of
this agreement. this agreement.
4. Interim payments shall be paid based on an interim 4. Interim payments shall be paid based on an interim While the forecast provision is found in Article 9.3 that applies mutatis
financial report submitted by the National Focal Point financial report submitted by the National Focal Point mutandis to this article, it is considered worthwhile to signal it specifically
in a format provided by the FMC, certified by the in a format provided by the FMC, certified by the here.
Certifying Authority in accordance with Article 5.4 of Certifying Authority in accordance with Article 5.4 of
the Regulations, and approved by the FMC. Article 9.3 the Regulations, and approved by the FMC. A justified
paragraphs 3 to 9 of the Regulations apply mutatis forecast of likely payment applications from the funds
mutandis to interim payments under this agreement. for bilateral relations shall be included in the interim
financial report. Article 9.3 paragraphs 3 to 9 of the
Regulations apply mutatis mutandis to interim
payments under this agreement.
5. At the latest by 20 February, 20 April, 20 September 5. At the latest by 20 February, 20 April, 20 September Removed and added to paragraph 4 to harmonise with changes to the
and 20 November each year, the Certifying Authority and 20 November each year, the Certifying Authority Regulations.
shall send to the FMC, in a format provided by the shall send to the FMC, in a format provided by the
FMC (Annex 8 to the Regulation), a justified forecast FMC (Annex 8 to the Regulation), a justified forecast
of likely payment applications from the Fund for of likely payment applications from the Fund for
Bilateral Relations. Bilateral Relations.
6. Notwithstanding paragraphs 1 to 5 above, Chapter 5. Notwithstanding paragraphs 1 to 5 above, Chapter
9 of the Regulations shall apply mutatis mutandis to 9 of the Regulations shall apply mutatis mutandis to
all aspects related to payments. all aspects related to payments.
Article 3.4 Article 3.54
Transparency and availability of documents Transparency and availability of documents
The Beneficiary State shall ensure an audit trail for The Beneficiary State shall ensure an audit trail for
financial contributions from the EEA and Norwegian financial contributions from the EEA and Norwegian
Financial Mechanisms 2014-2021 under this Financial Mechanisms 2014-20212021-2028 under
agreement, in accordance with Article 9.8 of the this agreement, in accordance with Article 9.78 of the
Regulations. Regulations.
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Article 3.5 Article 3.65
Irregularities, suspension and reimbursements Irregularities, suspension and reimbursements
The Donors have the right to make use of the remedies The Donors have the right to make use of the remedies
provided in the Regulations, in particular Chapter 13 provided in the Regulations, in particular Chapter 13
thereof. The National Focal Point has a duty to take all thereof. The National Focal Point has a duty to take all
necessary measures to ensure that the provisions in necessary measures to ensure that the provisions in
Chapter 12 and 13 of the Regulations regarding Chapter 12 and 13 of the Regulations regarding
irregularities, suspension of payments, financial irregularities, suspension of payments, financial
corrections and reimbursement are complied with. corrections and reimbursement are complied with.
Chapter 4 Chapter 4
Final provisions Final provisions
Article 4.1 Article 4.1
Contact information Contact information
1. The contact information of the National Focal Point 1. The contact information of the National Focal Point
is: is:
[contact] [contact]
2. The contact information for the Donors and the 2. The contact information for the Donors and the
FMO is: FMO is:
Financial Mechanism Office Financial Mechanism Office
Att: Director Att: Managing Director
EFTA Secretariat EFTA SecretariatHouse
Rue Joseph II, 12-16 Rue Joseph II, 12-16Avenue des Arts 19H
1000 Brussels 1000 Brussels
Telephone: +32 (0)2 286 1701 Telephone: +32 (0)2 286 1701
Telefax (general): +32 (0)2 211 1889 Telefax (general): +32 (0)2 211 1889
E-mail:
[email protected] E-mail:
[email protected]
3. Changes of or corrections to the contact information 3. Changes of or corrections to the contact information
referred to in this article shall be given in writing referred to in this Aarticle shall be given in writing
without undue delay by the Parties to this agreement. without undue delay by the Parties to this agreement.
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Article 4.2 Article 4.2
Dispute settlement Dispute settlement
1. The Parties waive their rights to bring any dispute 1. The Parties waive their rights to bring any dispute
related to the agreement before any national or related to the agreement before any national or
international court, and agree to settle such a dispute international court, and agree to settle such a dispute
in an amicable manner. in an amicable manner.
2. If a demand for reimbursement to the Donors is not 2. If a demand for reimbursement to the Donors is not
complied with by the Beneficiary State, or a dispute complied with by the Beneficiary State, or a dispute
related to a demand for reimbursement arises that related to a demand for reimbursement arises that
cannot be solved in accordance with paragraph 1, the cannot be solved in accordance with paragraph 1, the
Parties may bring the dispute before Oslo Tingrett. Parties may bring the dispute before Oslo Tingrett.
Article 4.3 Article 4.3
Termination Termination
1. The Donors may, after consultation with the 1. The Donors may, after consultation with the
National Focal Point, terminate this agreement if: National Focal Point, terminate this agreement if:
(a) a general suspension decision according to Article (a) a general suspension decision according to Article
13.6 of the Regulations or a decision to suspend 13.6 of the Regulations or a decision to suspend
payments according to paragraph 1(h) of Article payments according to paragraph point (h) 1(h) of
13.1 of the Regulations has not been lifted within Article 13.1.1 of the Regulations has not been
6 months of such a decision; lifted within 6 months of such a decision;
(b) a suspension of payments according to Article (b) a suspension of payments according to Article
13.1 of the Regulations, other than under 13.1 of the Regulations, other than under
paragraph 1(h), has not been lifted within one year paragraph 1(h), has not been lifted within one year
of such a decision; of such a decision; or
(c) a request for reimbursement according to Article (c) a request for reimbursement according to Article
13.2 of the Regulations has not been complied 13.2 of the Regulations has not been complied
with within one year from such a decision. with within one year from such a decision.
2. This agreement can be terminated by mutual 2. This agreement can be terminated by mutual
agreement between the Parties. agreement between the Parties.
3. Termination does not affect the right of the Parties 3. Termination does not affect the right of the Parties
to make use of the dispute settlement mechanism to make use of the dispute settlement mechanism
referred to in Article 4.2 or the right of the Donors to referred to in Article 4.2 or the right of the Donors to
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make use of the remedies provided in Chapter 13 of make use of the remedies provided in Chapter 13 of
the Regulations. the Regulations.
Article 4.4 Article 4.4
Waiver of responsibility Waiver of responsibility
1. Nothing contained in this agreement shall be 1. Nothing contained in this agreement shall be
construed as imposing upon the Donors or the FMO construed as imposing upon the Donors or the FMO
any responsibility of any kind to any third party for the any responsibility of any kind to any third party for the
supervision, execution, completion, or operation of supervision, execution, completion, or operation of
any actions or obligations entered into pursuant to this any actions or obligations entered into pursuant to this
agreement. agreement.
2. The Donors do not assume any risk or responsibility 2. The Donors do not assume any risk or responsibility
whatsoever for any damages, injuries, or other whatsoever for any damages, injuries, or other
possible adverse effects caused as a result of actions possible adverse effects caused as a result of actions
entered into pursuant to this agreement. It is the full entered into pursuant to this agreement. It is the full
and sole responsibility of the National Focal Point to and sole responsibility of the National Focal Point to
satisfactorily address such issues. satisfactorily address such issues.
3. Neither the European Free Trade Association, its 3. Neither the European Free Trade Association, its
Secretariat, including the FMO, its officials or Secretariat, including the FMO, its officials or
employees, nor the Donors, their officials or employees, nor the Donors, their officials or
employees, can be held liable for any damages or employees, can be held liable for any damages or
injuries of whatever nature sustained by the National injuries of whatever nature sustained by the National
Focal Point, the Beneficiary State, Programme Focal Point, the Beneficiary State, Programme
Operators, Project Promoters or any other third person, Operators, Project Promoters or any other third person,
in connection, be it direct or indirect, with this in connection, be it direct or indirect, with this
agreement. agreement.
Article 4.5 Article 4.5
Modification of the agreement Modification of the agreement
1. Unless otherwise explicitly stipulated in this 1. Unless otherwise explicitly stipulated in this
agreement, any modification of this agreement is agreement, any modification of this agreement is
subject to prior approval by the Donors. subject to prior approval by the Donors.
2. Requests for modifications shall be submitted and 2. Requests for modifications shall be submitted and
assessed in accordance with the relevant provisions of assessed in accordance with the relevant provisions of
Article 6.9 of the Regulation. Article 6.9 of the Regulations.
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3. Changes to the agreement which have been agreed Paragraph 3 has been added in view of simplification and reducing
in their entirety in an Memoranda of Understanding administrative procedures. If changes to the agreement have been agreed in
modification do not require a modification to this their entirety at MoU level, reflecting these changes in the BFA becomes a
agreement. In such a case, the agreement shall be pure technical matter, which does not require any further decision-making.
updated by the FMC. The changes agreed at MoU level can simply be inserted into the BFA. The
same type of exception will be provided for in the PA Template (Art. 2.9.3)
and TAA (2.6.3).
Article 4.6 Article 4.6
Entry into force and duration Entry into force and duration
1. This agreement shall enter into force on the date of 1. This agreement shall enter into force on the date of
the last signature of the Parties. the last signature of the Parties.
2. This agreement shall remain in force until five years 2. This agreement shall remain in force until five years
have elapsed after the date of the acceptance of the have elapsed after the date of the acceptance of the
final Strategic Report. final Strategic Country Report.
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Current text New text (with track changes) Comments
EEA Financial Mechanism 2014-2021 EEA Financial Mechanism 2014-20212021-
PROGRAMME AGREEMENT 2028
between PROGRAMME AGREEMENT
The Financial Mechanism Committee between
established by Iceland, Liechtenstein and The Financial Mechanism Committee
Norway established by Iceland, Liechtenstein and
and Norway
The [name of the National Focal point], and
hereinafter referred to as the “National Focal The [name of the National Focal point],
Point”, hereinafter referred to as the “National Focal
representing [name of Beneficiary State], Point”,
hereinafter referred to as the “Beneficiary State” representing [name of Beneficiary State],
together hereinafter referred to as the “Parties” hereinafter referred to as the “Beneficiary State”
for the financing of the Programme “[name of together hereinafter referred to as the “Parties”
Programme]” for the financing of the Programme “[name of
hereinafter referred to as the “Programme” Programme]”
Annex 4: Programme agreement template hereinafter referred to as the “Programme”
Chapter 1 Chapter 1
Scope, Legal Framework, and Definitions Scope, Legal Framework, and Definitions
Article 1.1 Article 1.1
Scope Scope
This programme agreement between the This Programme Agreement between the
Financial Mechanism Committee (hereinafter Financial Mechanism Committee (hereinafter
referred to as the FMC) and the National Focal referred to as the FMC) and the National Focal
Point lays down the rights and obligations of the Point lays down the rights and obligations of the
Parties regarding the implementation of the Parties regarding the implementation of the
Programme and the financial contribution from Programme and the financial contribution from
the EEA Financial Mechanism 2014-2021 to the the EEA Financial Mechanism 2014-20212021-
Programme. 2028 to the Programme.
Article 1.2 Article 1.2
Legal Framework Legal Framework
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1. This programme agreement shall be read in 1. This Programme Agreement shall be read in
conjunction with the following documents which, conjunction with the following documents which,
together with this programme agreement, together with this Programme Agreement,
constitute the legal framework of the EEA constitute the legal framework of the EEA
Financial Mechanism 2014-2021: Financial Mechanism 2014-20212021-2028:
(a) Protocol 38c to the EEA Agreement on (a) Protocol 38c38d to the EEA Agreement
the EEA Financial Mechanism 2014- on the EEA Financial Mechanism 2014-
2021; 20212021-2028;
(b) the Regulation on the implementation of (b) the Regulation on the implementation of
the EEA Financial Mechanism 2014- the EEA Financial Mechanism 2014-
2021 (hereinafter referred to as the 20212021-2028 (hereinafter referred to
“Regulation”) issued by the Donor States as the “Regulation”) issued by the Donor
in accordance with Article 10(5) of States in accordance with Article 10(5) of
Protocol 38c; Protocol 38c38d;
(c) the Memorandum of Understanding on (c) the Memorandum of Understanding on
the Implementation of the EEA Financial the Implementation of the EEA Financial
Mechanism 2014-2021 (hereinafter Mechanism 2014-20212021-2028
referred to as the “MoU”), entered into (hereinafter referred to as the “MoU”),
between the Donor States and the entered into between the Donor States
Beneficiary State; and and the Beneficiary State; and
any guidelines adopted by the FMC in (d) any guidelines adopted by the FMC in
accordance with the Regulation. accordance with the Regulation.
2. In case of an inconsistency between this 2. In case of an inconsistency between this
programme agreement and the Regulation, the Programme Agreement and the Regulation, the
Regulation shall prevail. Regulation shall prevail.
3. The legal framework is binding for the Parties. 3. The legal framework is binding for the Parties.
An act or omission by a Party to this programme An act or omission by a Party to this Programme
agreement that is incompatible with the legal Agreement that is incompatible with the legal
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framework constitutes a breach of this framework constitutes a breach of this
programme agreement by that Party. Programme Agreement by that Party.
Article 1.3 Article 1.3
Definitions Definitions
Terms used and institutions and documents Terms used and institutions and documents
referred to in this programme agreement shall be referred to in this Programme Agreement shall be
understood in accordance with the Regulation, in understood in accordance with the Regulation, in
particular Article 1.6 thereof, and the legal particular Article 1.6 thereof, and the legal
framework referred to in Article 1.2 of this framework referred to in Article 1.2 of this
programme agreement. Programme Agreement.
Article 1.4 Article 1.4
Annexes and hierarchy of documents Annexes and hierarchy of documents
1. Annexes attached hereto form an integral part 1. Annexes attached hereto form an integral part
of this programme agreement. Any reference to of this Programme Agreement. Any reference to
this programme agreement includes a reference to this Programme Agreement includes a reference
its annexes unless otherwise stated or clear from to its annexes unless otherwise stated or clear
the context. from the context.
2. The provisions of the annexes shall be 2. The provisions of the annexes shall be
interpreted in a manner consistent with this interpreted in a manner consistent with this
programme agreement. Should the meaning of Programme Agreement. Should the meaning of
any provision of the said annexes, so interpreted, any provision of the said annexes, so interpreted,
remain inconsistent with this programme remain inconsistent with this Programme
agreement, the provisions of the annexes shall Agreement, the provisions of the annexes shall
prevail, provided that these provisions are prevail, provided that these provisions are
compatible with the Regulation. compatible with the Regulation.
3. Commitments, statements and guarantees, 3. Commitments, statements and guarantees,
explicit as well as implicit, made in the explicit as well as implicit, made in the
preparation of the programme are binding for the preparation of the programme are binding for the
National Focal Point and the Programme National Focal Point and the Programme
Operator unless otherwise explicitly stipulated in Operator unless otherwise explicitly stipulated in
the annexes to this programme agreement. the annexes to this Programme Agreement.
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Chapter 2 Chapter 2
The Programme The Programme
Article 2.1 Article 2.1
Co-operation Co-operation
1. The Parties shall take all appropriate and 1. The Parties shall take all appropriate and
necessary measures to ensure fulfilment of the necessary measures to ensure fulfilment of the
obligations and objectives arising out of this obligations and objectives arising out of this
programme agreement. Programme Agreement.
2. The Parties agree to provide all information 2. The Parties agree to provide all information
necessary for the good functioning of this necessary for the good functioning of this
programme agreement and to apply the principles Programme Agreement, including risk
of implementation as set out in the Regulation. assessment and response analysis, and to apply
the principles of implementation as set out in the
Regulation.
3. The Parties shall promptly inform each other of 3. The Parties shall promptly inform each other of
any circumstances that interfere or threaten to any circumstances that interfere or threaten to
interfere with the successful implementation of interfere with the successful implementation of
the Programme. the Programme.
4. In executing this programme agreement the 4. In executing this Programme Agreement the
Parties declare to counteract corrupt practices. Parties declare to counteract corrupt practices.
Further, they declare not to accept, either directly Further, they declare not to accept, either directly
or indirectly, any kind of offer, gift, payments or or indirectly, any kind of offer, gift, payments or
benefits which would or could be construed as benefits which would or could be construed as
illegal or corrupt practice. The Parties shall illegal or corrupt practice or giving rise to a
immediately inform each other of any indication conflict of interest. The Parties shall immediately
of corruption or misuse of resources related to inform each other of any indication of corruption
this programme agreement. or misuse of resources related to this Programme
Agreement.
Article 2.2 Article 2.2
Main responsibilities of the Parties Main responsibilities of the Parties
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1. The National Focal Point is responsible and 1. The National Focal Point is responsible and
accountable for the overall management of the accountable for the overall management of the
EEA Financial Mechanism 2014-2021 in the EEA Financial Mechanism 2014-20212021-2028
Beneficiary State and for the full and correct in the Beneficiary State and for the full and
implementation of this programme agreement. In correct implementation of this Programme
particular, the National Focal Point undertakes to: Agreement. In particular, the National Focal
Point undertakes to:
(a) comply with its obligations stipulated in
the Regulation and this programme (a) comply with its obligations stipulated in
agreement; the Regulation and this Programme
Agreement;
(b) ensure that the Certifying Authority, the
Audit Authority, the Irregularities (b) ensure that the Certifying Authority, the
Authority and the Programme Operator Audit Authority, the Irregularities
properly perform the tasks assigned to Authority and the Programme Operator
them in the Regulation, this programme properly perform the tasks assigned to
agreement and the programme them in the Regulation, this Programme
implementation agreement; Agreement and the programme
implementation agreement;
(c) take all necessary steps to ensure that the
Programme Operator is fully committed (c) take all necessary steps to ensure that the
and able to implement and manage the Programme Operator is fully committed
Programme; and able to implement and manage the
Programme, including ensuring the
(d) take the necessary measures to remedy
appropriate allocation of staff and other
irregularities in the implementation of
resources, throughout the programme
the Programme and ensure that the
period;
Programme Operator takes appropriate
measures to remedy irregularities in (d) take the necessary measures to remedy
Projects within the Programme, irregularities in the implementation of
including measures to recover misspent the Programme and ensure that the
funds; Programme Operator takes appropriate
measures to remedy irregularities in
Projects within the Programme,
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(e) make all the necessary and appropriate including measures to recover misspent
arrangements in order to strengthen or change the funds;
way the Programme is managed.
(e) make all the necessary and appropriate
arrangements in order to strengthen or
change the way the Programme is
managed.
2. The FMC shall, subject to the rules stipulated 2. The FMC shall, subject to the rules stipulated
in the legal framework referred to in Article 1.2 in the legal framework referred to in Article 1.2
of this programme agreement, make available to of this Programme Agreement, make available to
the Beneficiary State a financial contribution the Beneficiary State a financial contribution
(hereinafter referred to as “the programme (hereinafter referred to as “the programme
grant”) to be used exclusively to finance the grant”) to be used exclusively to finance the
eligible cost of the Programme. eligible cost of the Programme.
Article 2.3 Article 2.3
Objective and outcomes of the Programme Objective(s) and outcomes of the Programme
1. This programme agreement sets out the 1. This Programme Agreement sets out the
objective, outcome(s), outputs, indicators and objective(s), outcome(s), outputs, indicators and
targets for the Programme. targets for the Programme.
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2. The National Focal Point shall ensure that the 2. The National Focal Point shall ensure that the
Programme Operator implements and completes Programme Operator implements and completes
the Programme in accordance with the objective, the Programme in accordance with the
outcome(s), outputs, indicators and targets set for objective(s), outcome(s), outputs, indicators and
the Programme. targets set for the Programme.
Article 2.4 Article 2.4
Programme grant Programme grant
1. The maximum amount of the programme 1. The maximum amount of the programme
grant, the programme grant rate, and the grant, the programme grant rate, and the
estimated eligible cost of the Programme shall be estimated eligible cost of the Programme shall be
as specified in this programme agreement. as specified in this Programme Agreement.
2. In case the Programme is also supported by the 2. In case the Programme is also supported by the
Norwegian Financial Mechanism, this Norwegian Financial Mechanism, this
programme agreement shall be interpreted in Programme Agreement shall be interpreted in
conjunction with the agreement regulating that conjunction with the legal framework agreement
support. regulating that support.
3. The financial plan annexed to this programme 3. The programme budget financial plan annexed
agreement shall: to this Programme Agreement shall:
(a) contain a breakdown between the (a) contain a breakdown between the
Programme’s budget headings; Programme’s budget headings;
indicate the agreed advance payment, if any. (b) indicate the agreed advance payment, if
any.
4. The management cost of the Programme 4. The management cost of the Programme
Operator shall not exceed the amount specified in Operator shall not exceed the amount specified in
this programme agreement. this Programme Agreement.
Article 2.5 Article 2.5
Special conditions and programme specific rules Special conditions and programme specific rules
1. This programme agreement shall list any 1. This Programme Agreement shall list any
conditions set by the FMC with reference to conditions set by the FMC with reference to
paragraph 2 of Article 6.3 of the Regulation. The paragraph 2 of Article 6.3 of the Regulation. The
National Focal Point shall ensure compliance National Focal Point shall ensure compliance
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with these conditions and take the necessary steps with these conditions and take the necessary steps
to ensure their fulfilment. to ensure their fulfilment.
2. The National Focal Point shall ensure 2. The National Focal Point shall ensure
compliance with any other programme specific compliance with any other programme specific
rules laid down in this programme agreement. rules laid down in this Programme Agreement.
Article 2.6 Article 2.6
Programme implementation agreement Programme implementation agreement
With reference to Article 6.8 of the Regulation With reference to Article 6.68 of the Regulation The proposal is to have no longer a requirement for a Programme
and without prejudice to paragraph 2 thereof, the and without prejudice to paragraph 2 thereof, the implementation agreement between the NFP and the PO, but just a
National Focal Point shall, before any payment is National Focal Point shall, before any payment is general clause in the Regulation, which puts an obligation on the NFP
made to the Programme, sign a programme made to the Programme, sign a programme to make sure that the PO implements the programme in accordance
implementation agreement with the Programme implementation agreement with the Programme with the Programme Agreement (Article 6.6.1 of the Regulation).
Operator. The National Focal Point shall notify Operator. The National Focal Point shall notify
the FMC of such signing. the FMC of such signing.
Article 2.7 Article 2.6
Reporting Reporting
The National Focal Point shall ensure that the The National Focal Point shall ensure that the
Programme Operator provides financial reports, Programme Operator provides financial reports,
annual programme reports and a final programme annual programme reports and a Final
report in accordance with Chapter 9 and Articles Programme Report in accordance with Chapter 9
6.11 and 6.12 of the Regulation as well as and Articles 6.11 and 6.812 of the Regulation as
statistical reporting in accordance with guidelines well as statistical other reporting in accordance
adopted by the FMC. with guidelines adopted by the FMC.
Article 2.8 Article 2.7
External monitoring External mMonitoring and Audits
The external monitoring and audit referred to in The external monitoring and audits referred to in
Articles 11.1, 11.2, 11.3 and 11.4 of the Articles 11.1, 11.2, 11.3 and 11.4 Chapter 11 of
Regulation shall not in any way relieve the the Regulation shall not in any way relieve the
National Focal Point or the Programme Operator National Focal Point or the Programme Operator
of their obligations under the legal framework of their obligations under the legal framework
regarding monitoring of the Programme and/or its regarding monitoring of the Programme and/or its
projects, financial control and audit. projects, financial control and audit.
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Article 2.9 Article 2.8
Modification of the Programme Modification of the Programme
1. Unless otherwise explicitly stipulated in this 1. Unless otherwise explicitly stipulated in this
programme agreement, any modification of the Programme Agreement, any modification of the
Beneficiary States would be offered flexibility for the
Programme is subject to prior approval by the Programme is subject to prior approval by the
implementation of the programmes, allowing for budget
FMC. FMC.
reallocations to and from calls for proposals and pre-defined
2. Budget reallocations to and from calls and pre- projects for an amount up to 10% of the total allocation for each
defined projects, (both within the same outcome planned call and pre-defined project. No need for a PA
and between different outcomes, are permitted modification or prior approval by the FMC. The flexibility would
without a modification of the Programme apply from the start of the implementation.
Agreement or prior approval by the FMC for an
It can be seen as a contingency which will allow for limited
amount of up to 10% of the total allocation for
reallocations to deal with small savings/shortages and unforeseen
each planned call or pre-defined project.
developments. The possibility to reallocate between calls/PDPs
3. Changes to the Programme which have been would be irrespective of the outcome under which the call/PDP
agreed in their entirety in an MoU modification is placed.
do not require a modification to this agreement.
For specific programmes, Donors can allow additional flexibility
In such a case, the Programme Agreement shall
on the basis of the specific characteristics of the programme, by
be updated by the FMC.
defining the flexibility in the Annex II to the PA.
Paragraph 3 has been added in view of simplification and
reducing administrative burden. If changes to the programme
have been agreed in their entirety at MoU level, reflecting these
changes in the PA becomes a pure technical matter, which does
not require any further decision-making. The changes agreed at
MoU level can simply be inserted into the PA. The same type of
exception will be provided for in the BFA (Art. 4.5.3) and TAA
(2.6.3).
2. Programme specific exceptions from 2. Programme specific exceptions from
paragraph 1, if any, are set in the annexes to this paragraph 1, if any, are set in the annexes to this
programme agreement. Programme Agreement.
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3. Expenditures incurred in breach of this article 3. Expenditures incurred in breach of this Article
are not eligible. are not eligible.
4. Should there be a doubt as to whether the 4. Should there be a doubt as to whether a
proposed modifications require approval by the modification of the Programme Agreement is
FMC, the National Focal Point shall consult the required, the National Focal Point shall consult
FMC before such modifications take effect. the FMC.
5. Requests for modifications shall be submitted 5. Requests for modifications shall be submitted
and assessed in accordance with Article 6.9 of the and assessed in accordance with Article 6.7 of the
Regulation. Regulation.
Article 2.10 Article 2.9
Communication Communication
1. All communication to the FMC regarding this 1. All communication to the FMC regarding this
programme agreement shall take place in English Programme Agreement shall take place in
and be directed to the Financial Mechanism English and be directed to the Financial
Office (hereinafter referred to as the FMO), Mechanism Office (hereinafter referred to as the
which represents the FMC towards the National FMO), which represents the FMC towards the
Focal Point and the Programme Operator in National Focal Point and the Programme
relation to the implementation of the Programme. Operator in relation to the implementation of the
Programme.
2. To the extent that original documents are not 2. To the extent that original documents are not
available in the English language, the documents available in the English language, the documents
shall be accompanied by full and accurate shall be accompanied by full and accurate
translations into English. The National Focal translations into English. The National Focal
Point shall bear the responsibility for the Point shall bear the responsibility for the
accuracy of the translation that it provides and the accuracy of the translation that it provides and the
possible consequences that might arise from any possible consequences that might arise from any
inaccurate translations. inaccurate translations.
Article 2.11 Article 2.10
Contact information Contact information
1. The contact information of the Programme 1. The contact information of the Programme
Operator is as specified in this programme Operator is as specified in this Programme
agreement. Agreement.
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2. The contact information for the FMC and the 2. The contact information for the FMC and the
Financial Mechanism Office are: Financial Mechanism Office are:
Financial Mechanism Office Financial Mechanism Office
Att: Director Att: Director
EFTA Secretariat EFTA Secretariat
Rue Joseph II, 12-16
Avenue des ArtsRue Joseph II, 19H12-16
1000 Brussels
Telephone: +32 (0)2 286 1701 1000 Brussels
Telefax (general): +32 (0)2 211 1889 Telephone: +32 (0)2 286 1701
E-mail:
[email protected] Telefax (general): +32 (0)2 211 1889
E-mail:
[email protected]
3. Changes of or corrections to the contact 3. Changes of or corrections to the contact
information referred to in this article shall be information referred to in this Article shall be
given in writing without undue delay by the given in writing without undue delay by the
Parties to this programme agreement. Parties to this Programme Agreement.
Article 2.12 Article 2.11
Representations and Warranties Representations and Warranties
1. This programme agreement and the awarding 1. This Programme Agreement and the awarding
of the programme grant is based on information of the programme grant is based on information
provided by, through, or on behalf of the National provided by, through, or on behalf of the National
Focal Point to the FMC prior to the signing of this Focal Point to the FMC prior to the signing of this
programme agreement. Programme Agreement.
2. The National Focal Point represents and 2. The National Focal Point represents and
warrants that the information provided by, warrants that the information provided by,
through, or on behalf of the National Focal Point, through, or on behalf of the National Focal Point,
in connection with the implementation or in connection with the implementation or
conclusion of this programme agreement are conclusion of this Programme Agreement are
authentic, accurate and complete. authentic, accurate and complete.
Chapter 3 Chapter 3
Projects Projects
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Article 3.1 Article 3.1
Selection of projects and award of grants Selection of projects and award of grants
1. The National Focal Point shall ensure that the 1. The National Focal Point shall ensure that the
Programme Operator selects projects in Programme Operator selects projects in
accordance with Chapter 7 of the Regulation and accordance with Chapter 7 of the Regulation and
this programme agreement. this Programme Agreement.
2. Eligibility of project promoters and project 2. Eligibility of project promoters and project
partners is stipulated in Article 7.2 of the partners is stipulated in Article 7.2 of the
Regulation and, in accordance with paragraph 4 Regulation and, in accordance with paragraph 4
thereof, subject only to the limitations stipulated thereof, subject only to the limitations stipulated
in this programme agreement. in this Programme Agreement.
3. Pre-defined projects shall be outlined in this 3. Pre-defined projects shall be outlined in this
programme agreement. Programme Agreement.
4. The National Focal Point shall take proactive 4. The National Focal Point shall take proactive
steps to ensure that the Programme Operator steps to ensure that the Programme Operator
complies fully with Article 7.5 of the Regulation. complies fully with Article 7.5 of the Regulation.
Article 3.2 Article 3.2
Project contract Project contract
1. For each approved project a project contract 1. For each approved project a project contract
shall be concluded between the Programme shall be concluded between the Programme
Operator and the Project Promoter. Operator and the Project Promoter.
2. In cases where a project contract cannot, due to 2. In cases where a project contract cannot, due to
provisions in the national legislation, be made provisions in the national legislation, be made
between the Programme Operator and the Project between the Programme Operator and the Project
Promoter, the Beneficiary State may instead issue Promoter, the Beneficiary State may instead issue
a legislative or administrative act of similar effect a legislative or administrative act of similar effect
and content. and content.
3. The content and form or the project contract 3. The content and form or the project contract
shall comply with Article 7.6 of the Regulation. shall comply with Article 7.9 of the Regulation.
4. The National Focal Point shall ensure that the 4. The National Focal Point shall ensure that the
obligations of the Project Promoter under the obligations of the Project Promoter under the
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project contract are valid and enforceable under project contract are valid and enforceable under
the applicable law of the Beneficiary State. the applicable law of the Beneficiary State.
Article 3.3 Article 3.3
Project partners and partnership agreements Project partners and partnership agreements
1. A project may be implemented in a partnership 1. A project may be implemented in a partnership
between the Project Promoter and project between the Project Promoter and project
partners as defined in paragraph 1(w) of Article partners as defined in point (y) paragraph 1(w) of
1.6 of the Regulation. If a project is implemented Article 1.6 of the Regulation. If a project is
in such a partnership, the Project Promoter shall implemented in such a partnership, the Project
sign a partnership agreement with the project Promoter shall sign a partnership agreement with
partners with the content and in the form the project partners with the content and in the
stipulated in Article 7.7 of the Regulation. form stipulated in Article 7.10 of the Regulation.
2. The partnership agreement shall be in English 2. The partnership agreement shall be in English
if one of the parties to the agreement is an entity if one of the parties to the agreement is an entity
from the Donor States. from the Donor States.
3. The eligibility of expenditures incurred by a 3. The eligibility of expenditures incurred by a
project partner is subject to the same limitations project partner is subject to the same limitations
as would apply if the expenditures were incurred as would apply if the expenditures were incurred
by the Project Promoter. by the Project Promoter.
4. The creation and implementation of the 4. The creation and implementation of the
relationship between the Project Promoter and the relationship between the Project Promoter and the
project partner shall comply with the applicable project partner shall comply with the applicable
national and European Union law on public national and European Union law on public
procurement as well as Article 8.15 of the procurement as well as Article 8.15 of the
Regulation. Regulation.
5. The National Focal Point shall ensure that the 5. The National Focal Point shall ensure that the
Programme Operator verifies that the partnership Programme Operator verifies that the partnership
agreement complies with this article. A draft agreement complies with this Article. A draft
partnership agreement or letter of intent shall be partnership agreement or letter of intent shall be
submitted to the Programme Operator before the submitted to the Programme Operator before the
signing of the project contract. signing of the project contract.
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Chapter 4 Chapter 4
Finance Finance
Article 4.1 Article 4.1
Eligible expenditures Eligible expenditures
1. Subject to Article 8.7 of the Regulation, 1. Subject to Article 8.9 of the Regulation,
eligible expenditures of this Programme are: eligible expenditures of this Programme are:
(a) management costs of the Programme Operator (a) management costs of the Programme Operator
in accordance with the detailed budget in the in accordance with the detailed budget in the
financial plan; financial plan; and
(b) payments to projects within this Programme (b) payments to projects within this Programme
in accordance with the Regulation, this in accordance with the Regulation, this
programme agreement and the project contract. Programme Agreement and the project contract.
2. Eligible expenditures of projects are those 2. Eligible Eexpenditures of Project Promoters Text simplification.
actually incurred by the Project Promoter or and project partners projects are eligible provided
project partners, meet the criteria set in Article that they are in accordance with the provisions of
8.2 of the Regulation and fall within the Chapter 8 of the those actually incurred by the
categories and fulfil the conditions of direct Project Promoter or project partnersRegulation,
eligible expenditure set in Article 8.3 of the and any further provisions contained in this
Regulation, the conditions regarding the use of Programme Agreement. meet the criteria set in
standard scales of unit costs set in Article 8.4 of Article 8.2 of the Regulation and fall within the
the Regulation as well as indirect costs in categories and fulfil the conditions of direct
accordance with Article 8.5 of the Regulation. eligible expenditure set in Article 8. of the
Regulation, the conditions regarding the use of
standard scales of unit costs set in Article 8.4 of
the Regulation as well as indirect costs in
accordance with Article 8.5 of the Regulation.
3. The first date of eligibility of expenditures in 3. The first date of eligibility of expenditures in The text has been amended to align it with the text of Article 8.14.3.
projects shall be set in the project contract in projects shall be set in the project contract in
accordance with Article 8.13 of the Regulation. accordance with Article 8.14 of the Regulation.
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The first date of eligibility of any pre-defined The first date of eligibility of any pre-defined
projects shall be no earlier than the date on which project shall be no earlier than the date of entry
the National Focal Point notifies the FMC of a into force of the Programme Agreement. The first
positive appraisal of the pre-defined projects by date of eligibility of any pre-defined projects
the Programme Operator in accordance with shall be no earlier than the date on which the
paragraph 3 of Article 6.5 of the Regulation. National Focal Point notifies the FMC of a
positive appraisal of the pre-defined projects by
the Programme Operator in accordance with
paragraph 3 of Article 6.5 of the Regulation.
4. The maximum eligible costs of the categories 4. The maximum eligible costs of the categories
referred to in paragraph 1 are set in this referred to in paragraph 1 are set in this
programme agreement. Programme specific rules Programme Agreement. Programme specific
on the eligibility of expenditure set in this rules on the eligibility of expenditure set in this
programme agreement shall be complied with. Programme Agreement shall be complied with.
Article 4.2 Article 4.2
Proof of expenditure Proof of expenditure
Costs incurred by Programme Operators, Project Costs incurred by Programme Operators, Project
Promoters and project partners shall be supported Promoters and project partners shall be supported
by documentary evidence as required in Article by documentary evidence as required in Article
8.12 of the Regulation. 8.12 of the Regulation.
Article 4.3 This article is introduced in alignment with the introduction of
Proof of conditions fulfilled for simplified cost Simplified Cost Options in Chapter 8.
options
Costs of the Programme Operators, Project
Promoters and project partners that are covered
by simplified cost options shall be supported by
the proof of conditions fulfilled in accordance
with Article 8.13 of the Regulation.
Article 4.3 Article 4.4
Payments Payments
1. Payments to the Programme shall be made 1. Payments to the Programme shall be made
when all relevant conditions for payments when all relevant conditions for payments
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stipulated in this programme agreement and the stipulated in this Programme Agreement and the
Regulation have been fulfilled. Regulation have been fulfilled.
2. Payments to the Programme shall take the form 2. Payments to the Programme shall take the form
of an advance payment, interim payments and of an advance payment, interim payments and
payment of the final balance and shall be made in payment of the final balance and shall be made in
accordance with Articles 9.2, 9.3 and 9.4 of the accordance with Articles 9.2, 9.3 and 9.4 of the
Regulation. Regulation.
3. Payments of the project grant to the Project 3. Payments of the project grant to the Project
Promoters may take the form of advance Promoters may take the form of advance
payments, interim payments and payments of the payments, interim payments and payments of the
final balance. The level of advance payments and final balance. The level of advance payments and
their off-set mechanism is set in this programme their off-set mechanism is set in this Programme
agreement. Agreement.
4. The National Focal Point shall ensure that 4. The National Focal Point shall ensure that
payments are transferred in accordance with payments are transferred in accordance with
paragraph 2 of Article 9.1 of the Regulation. paragraph 2 of Article 9.1 of the Regulation.
5. Chapter 9 of the Regulation shall apply to all 5. Chapter 9 of the Regulation shall apply to all
aspects related to payments, including currency aspects related to payments, including currency
exchange rules and handling of interests on bank exchange rules and handling of interests on bank
accounts. accounts.
Article 4.4 Article 4.5
Transparency and availability of documents Transparency and availability of documents
The National Focal Point shall ensure an audit The National Focal Point shall ensure an audit
trail for financial contributions from the EEA trail for financial contributions from the EEA
Financial Mechanism 2014-2021 to the Financial Mechanism 2014-20212021-2028 to
Programme in accordance with Article 9.8 of the the Programme in accordance with Article 9.7 of
Regulation. the Regulation.
Article 4.5 Article 4.6
Irregularities, suspension and reimbursements Irregularities, suspension and reimbursements
The FMC has the right to make use of the The FMC has the right to make use of the
remedies provided in the Regulation, in particular remedies provided in the Regulation, in particular
Chapter 13 thereof. The National Focal Point has Chapter 13 thereof. The National Focal Point has
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a duty to take all necessary measures to ensure a duty to take all necessary measures to ensure
that the provisions in Chapter 12 and 13 of the that the provisions in Chapter 12 and 13 of the
Regulation regarding irregularities, suspension of Regulation regarding irregularities, suspension of
payments, financial corrections and payments, financial corrections and
reimbursement are complied with. reimbursement are complied with.
Chapter 5 Chapter 5
Final provisions Final provisions
Article 5.1 Article 5.1
Dispute settlement Dispute settlement
1. The Parties waive their rights to bring any 1. The Parties waive their rights to bring any
dispute related to the programme agreement dispute related to the Programme Agreement
before any national or international court, and before any national or international court and
agree to settle such a dispute in an amicable agree to settle such a dispute in an amicable
manner. manner.
2. If a demand for reimbursement to the FMC is 2. If a demand for reimbursement to the FMC is
not complied with by the Beneficiary State, or a not complied with by the Beneficiary State, or a
dispute related to a demand for reimbursement dispute related to a demand for reimbursement
arises that cannot be solved in accordance with arises that cannot be solved in accordance with
paragraph 1, the Parties may bring the dispute paragraph 1, the Parties may bring the dispute
before Oslo Tingrett. before Oslo Tingrett.
Article 5.2 Article 5.2
Termination Termination
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1. The FMC may, after consultation with the 1. The FMC may, after consultation with the
National Focal Point, terminate this programme National Focal Point, terminate this Programme
agreement if: Agreement if:
(a) a general suspension decision according (a) a general suspension decision according
to Article 13.6 of the Regulation or a to Article 13.6 of the Regulation or a
decision to suspend payments according decision to suspend payments according
to paragraph 1(h) of Article 13.1 of the to paragraph 1(h) of Article 13.1 of the
Regulation has not been lifted within 6 Regulation has not been lifted within 6
months of such a decision; months of such a decision;
(b) a suspension of payments according to (b) a suspension of payments according to
Article 13.1 of the Regulation, other than Article 13.1 of the Regulation, other than
under paragraph 1(h), has not been lifted under paragraph 1(h), has not been lifted
within one year of such a decision; within one year of such a decision;
(c) a request for reimbursement according to (c) a request for reimbursement according to
Article 13.2 of the Regulation has not Article 13.2 of the Regulation has not
been complied with within one year from been complied with within one year from
such a decision; such a decision;
(d) the Programme Operator becomes (d) the Programme Operator becomes
bankrupt, is deemed to be insolvent, or bankrupt, is deemed to be insolvent, or
declares that it does not have the declares that it does not have the
financial capacity to continue with the financial capacity to continue with the
implementation of the Programme; or implementation of the Programme; or
the Programme Operator has, in the opinion of (e) the Programme Operator has, in the
the FMC, been engaged in corruption, fraud or opinion of the FMC, been engaged in
similar activities or has not taken the appropriate corruption, fraud or similar activities or
measures to detect or prevent such activities or, if
has not taken the appropriate measures to
they have occurred, nullify their effects.
detect or prevent such activities or, if
they have occurred, nullify their effects.
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2. This programme agreement can be terminated 2. This Programme Agreement can be terminated
by mutual agreement between the Parties. by mutual agreement between the Parties.
3. Termination does not affect the right of the 3. Termination does not affect the right of the
Parties to make use of the dispute settlement Parties to make use of the dispute settlement
mechanism referred to in Article 5.1 or the right mechanism referred to in Article 5.1 or the right
of the FMC to make use of the remedies provided of the FMC to make use of the remedies provided
in Chapter 13 of the Regulation. in Chapter 13 of the Regulation.
Article 5.3 Article 5.3
Waiver of responsibility Waiver of responsibility
1. Any appraisal of the Programme undertaken 1. Any appraisal of the Programme undertaken
before or after its approval by the FMC, does not before or after its approval by the FMC, does not
in any way diminish the responsibility of the in any way diminish the responsibility of the
National Focal Point and the Programme National Focal Point and the Programme
Operator to verify and confirm the correctness of Operator to verify and confirm the correctness of
the documents and information forming the basis the documents and information forming the basis
of the programme agreement. of the Programme Agreement.
2. Nothing contained in the programme 2. Nothing contained in the Programme
agreement shall be construed as imposing upon Agreement shall be construed as imposing upon
the FMC or the FMO any responsibility of any the FMC or the FMO any responsibility of any
kind for the supervision, execution, completion, kind for the supervision, execution, completion,
or operation of the Programme or its projects. or operation of the Programme or its projects.
3. The FMC does not assume any risk or 3. The FMC does not assume any risk or
responsibility whatsoever for any damages, responsibility whatsoever for any damages,
injuries, or other possible adverse effects caused injuries, or other possible adverse effects caused
by the Programme or its projects including, but by the Programme or its projects including, but
not limited to inconsistencies in the planning of not limited to inconsistencies in the planning of
the Programme or its projects, other project(s) the Programme or its projects, other project(s)
that might affect it or that it might affect, or public that might affect it or that it might affect, or public
discontent. It is the full and sole responsibility of discontent. It is the full and sole responsibility of
the National Focal Point and the Programme the National Focal Point and the Programme
Operator to satisfactorily address such issues. Operator to satisfactorily address such issues.
4. Neither the National Focal Point, the 4. Neither the National Focal Point, the
Programme Operator, entities involved in the Programme Operator, entities involved in the
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 227
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implementation of projects, nor any other party implementation of projects, nor any other party
shall have recourse to the FMC for further shall have recourse to the FMC for further
financial support or assistance to the Programme financial support or assistance to the Programme
in whatsoever form over and above what has been in whatsoever form over and above what has been
provided for in the programme agreement. provided for in the Programme Agreement.
5. Neither the European Free Trade Association, 5. Neither the European Free Trade Association,
its Secretariat, including the FMO, its officials or its Secretariat, including the FMO, its officials or
employees, nor the FMC, its members or employees, nor the FMC, its members or
alternate members, nor the EFTA States, can be alternate members, nor the EFTA States, can be
held liable for any damages or injuries of held liable for any damages or injuries of
whatever nature sustained by the National Focal whatever nature sustained by the National Focal
Point or the Beneficiary State, the Programme Point or the Beneficiary State, the Programme
Operator, Project Promoters or any other third Operator, Project Promoters or any other third
person, in connection, be it direct or indirect, with person, in connection, be it direct or indirect, with
this programme agreement. this Programme Agreement.
6. Nothing in this programme agreement shall be 6. Nothing in this Programme Agreement shall be
construed as a waiver of diplomatic immunities construed as a waiver of diplomatic immunities
and privileges awarded to the European Free and privileges awarded to the European Free
Trade Association, its assets, officials or Trade Association, its assets, officials or
employees. employees.
Article 5.4 Article 5.4
Entry into force and duration Entry into force and duration
1. This programme agreement shall enter into 1. This Programme Agreement shall enter into
force on the date of the last signature of the force on the date of the last signature of the
Parties. Parties.
2. This programme agreement shall remain in 2. This Programme Agreement shall remain in
force until five years have elapsed after the date force until five years have elapsed after the date
of the acceptance of the final programme report. of the acceptance of the Final Programme Report.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 228
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European Economic Area Financial Mechanism 2014-2021 European Economic Area Financial Mechanism 2021-2028
Norwegian Financial Mechanism 2014-2021 Norwegian Financial Mechanism 2021-2028
AGREEMENT AGREEMENT
between between
The Financial Mechanism Committee and the Norwegian The Financial Mechanism Committee and the Norwegian
Ministry of Foreign Affairs Ministry of Foreign Affairs
hereinafter referred to as the “Donors”, hereinafter referred to as the “Donors”,
and and
The [name of the National Focal Point], The [name of the National Focal Point],
hereinafter referred to as the “National Focal Point”, hereinafter referred to as the “National Focal Point”,
representing the [name of the Beneficiary State], representing the [name of the Beneficiary State],
hereinafter referred to as the “Beneficiary State” hereinafter referred to as the “Beneficiary State”
together hereinafter referred to as the “Parties” together hereinafter referred to as the “Parties”
for the financing of Technical Assistance hereinafter referred to for the financing of Technical Assistance hereinafter referred to
as the “agreement” as the “agreement”
Annex 5: Technical assistance agreement template
Chapter 1 Chapter 1
Scope, Legal Framework, and Definitions Scope, Legal Framework, and Definitions
Article 1.1 Article 1.1
Scope Scope
This agreement between the Donors and the National Focal Point lays down the This agreement between the Donors and the National Focal Point lays down the
rights and obligations of the Parties regarding the use of Technical Assistance rights and obligations of the Parties regarding the use of Technical Assistance
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 229
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under the financial contribution from the EEA and the Norwegian Financial under the financial contribution from the EEA and the Norwegian Financial
Mechanisms 2014-2021 (hereinafter referred to as the “Mechanisms”). Mechanisms 2014-20212021-2028 (hereinafter referred to as the
“Mechanisms”).
Article 1.2 Article 1.2
Legal Framework Legal Framework
1. This agreement shall be read in conjunction with the following documents, 1. This agreement shall be read in conjunction with the following documents,
which constitute the legal framework of the EEA and Norwegian Financial which constitute the legal framework of the EEA and Norwegian Financial
Mechanisms 2014-2021: Mechanisms 2014-20212021-2028:
(a) the Agreement between the Kingdom of Norway and the European (a) the Agreement between the Kingdom of Norway and the European
Union on a Norwegian Financial Mechanism for the period 2014-2021 Union on a Norwegian Financial Mechanism for the period 2014-
and Protocol 38c to the EEA Agreement on the EEA Financial 20212021-2028 and Protocol 38c38d to the EEA Agreement on the
Mechanism (2014-2021); EEA Financial Mechanism (2014-20212021-2028);
(b) the Regulation on the implementation of the Norwegian Financial (b) the Regulation on the implementation of the Norwegian Financial
Mechanism 2014-2021 and the Regulation on the implementation of Mechanism 2014-20212021-2028 and the Regulation on the
the EEA Financial Mechanism 2014-2021 (hereinafter referred to as implementation of the EEA Financial Mechanism 2014-20212021-
the “Regulations”); 2028 (hereinafter referred to as the “Regulations”);
(c) the Memorandum of Understanding on the Implementation of the (c) the Memorandum of Understanding on the Implementation of the
Norwegian Financial Mechanism 2014-2021 and the Memorandum of Norwegian Financial Mechanism 2014-20212021-2028 and the
Understanding on the Implementation of the EEA Financial Memorandum of Understanding on the Implementation of the EEA
Mechanism 2014-2021 (hereinafter referred to as the “MoUs”), Financial Mechanism 2014-20212021-2028 (hereinafter referred to as
entered into between the Donor States and the Beneficiary State; and the “MoUs”), entered into between the Donor States and the
(d) any guidelines adopted by the Donors in accordance with the Beneficiary State; and
Regulations. (d) any guidelines adopted by the Donors in accordance with the
Regulations.
2. In case of an inconsistency between this agreement and the Regulations, the 2. In case of an inconsistency between this agreement and the Regulations, the
Regulations shall prevail. Regulations shall prevail.
3. The legal framework as set forth in paragraph 1 of this Article is binding for 3. The legal framework as set forth in paragraph 1 of this Article is binding for
the Parties. An act or omission by a Party to this agreement that is incompatible the Parties. An act or omission by a Party to this agreement that is incompatible
with the legal framework constitutes a breach of this agreement by that Party. with the legal framework constitutes a breach of this agreement by that Party.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 230
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Article 1.3 Article 1.3
Definitions Definitions
Terms used and institutions and documents referred to in this agreement shall Terms used and institutions and documents referred to in this agreement shall
be understood in accordance with the Regulations, in particular Article 1.6 be understood in accordance with the Regulations, in particular Article 1.6
thereof, and the legal framework referred to in Article 1.2 of this agreement. thereof, and the legal framework referred to in Article 1.2 of this agreement.
Chapter 2 Chapter 2
Rights, responsibilities and budgets Rights, responsibilities and budgets
Article 2.1 Article 2.1
Co-operation Co-operation
1. The Parties shall take all appropriate and necessary measures to ensure 1. The Parties shall take all appropriate and necessary measures to ensure
fulfilment of the obligations and objectives arising out of this agreement. fulfilment of the obligations and objectives arising out of this agreement.
2. The Parties agree to provide all information necessary for the good 2. The Parties agree to provide all information necessary for the good
functioning of this agreement and to apply the principles of implementation as functioning of this agreement and to apply the principles of implementation as
set out in the Regulation. set out in the Regulations.
3. The Parties shall promptly inform each other of any circumstances that 3. The Parties shall promptly inform each other of any circumstances that
interfere or threaten to interfere with the successful implementation of this interfere or threaten to interfere with the successful implementation of this
agreement. agreement.
4. In executing this agreement the Parties declare to counteract corrupt 4. In executing this agreement the Parties declare to counteract corrupt Reference to conflict of interest
practices. Further, they declare not to accept, either directly or indirectly, any practices. Further, they declare not to accept, either directly or indirectly, any introduced. Text aligned with the
kind of offer, gift, payments or benefits which would or could be construed as kind of offer, gift, payments or benefits which would or could be construed as proposal in the template PA.
illegal or corrupt practice. The Parties shall immediately inform each other of illegal or corrupt practice or giving rise to a conflict of interest. The Parties shall
any indication of corruption or misuse of resources related to this agreement. immediately inform each other of any indication of corruption or misuse of
resources related to this agreement.
Article 2.2 Article 2.2
Main responsibilities of the Parties Main responsibilities of the Parties
1. The National Focal Point is responsible and accountable for the overall 1. The National Focal Point is responsible and accountable for the overall
management of the Mechanisms in the Beneficiary State and for the full and management of the Mechanisms in the Beneficiary State and for the full and
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 231
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correct implementation of this agreement. In particular, the National Focal correct implementation of this agreement. In particular, the National Focal
Point undertakes to: Point undertakes to:
(a) comply with its obligations stipulated in the Regulations and this (d) comply with its obligations stipulated in the Regulations and this
agreement; agreement;
(b) ensure that the Certifying Authority, the Audit Authority, the Irregularities (e) ensure that the Certifying Authoirty, the Audit Authority, the Irregularities
Authority and all other entities receiving support under this agreement, Authority and all other entities receiving support under this agreement,
properly perform the tasks assigned to them in the Regulations and this properly perform the tasks assigned to them in the Regulations and this
agreement; agreement;
(c) take the necessary measures to remedy irregularities in the implementation (f) ensure that all entities involved in the implementation of the Mechanisms
of this agreement as well as the Mechanisms overall, including measures have the necessary capacities and resources to perform the tasks assigned
to recover misspent funds. to them in the Regulations and this agreement.
take the necessary measures to remedy irregularities in the implementation of
this agreement as well as the Mechanisms overall, including measures to
recover misspent funds.
2. The Donors shall, subject to the rules stipulated in the legal framework 2. The Donors shall, subject to the rules stipulated in the legal framework
referred to in Article 1.2 of this agreement, make available to the Beneficiary referred to in Article 1.2 of this agreement, make available to the Beneficiary
State a financial contribution (hereinafter referred to as “the Technical State a financial contribution (hereinafter referred to as “the Technical
Assistance grant”) to be used exclusively to finance eligible expenditure on Assistance grant”) to be used exclusively to finance eligible expenditure on
Technical Assistance. Technical Assistance.
Article 2.3 Article 2.3
Technical Assistance grant Technical Assistance grant
1. In accordance with Article 8.11.5 of the Regulations, the maximum amount 1. In accordance with Article 8.11.5 of the Regulations, the maximum amount
of the Technical Assistance grant is EUR[amount]. of the Technical Assistance grant is EUR[amount].
2. The Technical Assistance grant is supported jointly by the EEA Financial 2. The Technical Assistance grant is supported jointly by the EEA Financial
Mechanism and the Norwegian Financial Mechanism, in accordance with the Mechanism and the Norwegian Financial Mechanism, in accordance with the
allocations set forth in paragraph 3. allocations set forth in paragraph 3.
3. The support from the EEA Financial Mechanism to the Technical Assistance 3. The support from the EEA Financial Mechanism to the Technical Assistance
grant is EUR[amount]. The support from the Norwegian Financial Mechanism grant is EUR[amount]. The support from the Norwegian Financial Mechanism
to the Technical Assistance grant is EUR[amount]. to the Technical Assistance grant is EUR[amount].
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Article 2.4 Article 2.4
Budgets Budgets
1. The National Focal Point shall use the template provided by the Donors when 1. The National Focal Point shall use the template provided by the Donors when It is not considered valuable to Annex
submitting the budget for the whole implementation period, in accordance with submitting the budget for the whole implementation period, in accordance with the implementation period budget to
8.11.6 of the Regulations. 8.11.6 of the Regulations. the Agreement. A budget should still
however be submitted prior to
signature, in order to give an initial
impression.
2. The budget for the whole implementation period and the first annual calendar 2. The National Focal Point shall use the template provided by the Donors to
year budget shall be submitted to the Donors prior to the signing of this submit aThe budget for the whole implementation period and the first annual
agreement. The budget for the whole implementation period will be annexed to calendar year budget shall be submitted to the Donors prior to the signing of
this agreement. this agreement. The budget for the whole implementation period will be
annexed to this agreement.
Article 2.5 Article 2.5
Reporting Reporting
The National Focal Point shall, in accordance with Chapter 9 and Articles 6.11 The National Focal Point shall, in accordance with Chapter 9 and Articles To make clearer that reporting on TA
and 6.12 of the Regulations as applicable, submit financial reports, annual 2.6.11 and 6.12 of the Regulations as applicable, submit financial reports, is part of the Country Report.
reports and a final report. The final programme report shall be submitted no annual reports and a final report. The final programme report shall be submitted
later than 15 November 2025. no later than 15 November 20252032.
Article 2.6 Article 2.6
Modification of the agreement and the Budgets Modification of the agreement and the Budgets
1. Unless otherwise explicitly stipulated in this agreement, any modification of 1. Unless otherwise explicitly stipulated in this agreement, any modification of
this agreement is subject to prior approval by the Donors. this agreement is subject to prior approval by the Donors.
2. Modifications to the Technical Assistance budget for the whole 2. Modifications to the Technical Assistance budget for the whole
implementation period are permitted without the Donors’ prior approval implementation period are permitted without the Donors’ prior approval
provided that they are limited to the following: provided that they are limited to the following:
(a) cumulative transfers between budget headings of an amount less than 10 % (b) cumulative transfers between budget headings of an amount less than 10 %
of total Technical Assistance grant; and of total Technical Assistance grant; and
cumulative transfers between institutions of an amount less than 10 % of the (c)(b) cumulative transfers between institutions of an amount less than 10 %
total Technical Assistance grant. of the total Technical Assistance grant.
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3. Expenditures incurred in breach of this article are not eligible. 3. Expenditures incurred in breach of this article are not eligible.
4. Should there be doubt as to whether the proposed modifications require 4. Should there be doubt as to whether the proposed modifications require
approval by the Donors, the National Focal Point shall consult the Donors approval by the Donors, the National Focal Point shall consult the Donors
before such modifications take effect. before such modifications take effect.
5. Requests for modifications shall be submitted and assessed in accordance 52. Requests for modifications shall be submitted and assessed in accordance
with the relevant provisions of Article 6.9 of the Regulation. with the relevant provisions of Article 6.9 of the Regulation.
3. Changes which have been agreed in their entirety in an MoU modification do Paragraph 3 has been added in view of
not require a modification to this agreement. In such a case, the agreement shall simplification and reducing
be updated by the FMC. administrative procedures. If changes
to the agreement have been agreed in
their entirety at MoU level, reflecting
these changes in the TAA becomes a
pure technical matter, which does not
require any further decision-making.
The changes agreed at MoU level can
simply be inserted into the TAA. The
same type of exception has been
provided for in the PA Template (Art.
2.9.3) and BFA (4.5.3).
Article 2.7 Article 2.7
Communication Communication
1. All communication to the Donors regarding this agreement shall take place 1. All communication to the Donors regarding this agreement shall take place
in English and be directed to the Financial Mechanism Office (hereinafter in English and be directed to the Financial Mechanism Office (hereinafter
referred to as the “FMO”), which represents the Donors towards the National referred to as the “FMO”), which represents the Donors towards the National
Focal Point in relation to the implementation of this agreement. Focal Point in relation to the implementation of this agreement.
2. To the extent that original documents are not available in the English 2. To the extent that original documents are not available in the English
language, the documents shall be accompanied by full and accurate translations language, the documents shall be accompanied by full and accurate translations
into English. into English.
3. The National Focal Point shall bear the responsibility for the accuracy of the 3. The National Focal Point shall bear the responsibility for the accuracy of the
translation that it provides and the possible consequences that might arise from translation that it provides and the possible consequences that might arise from
any inaccurate translations. any inaccurate translations.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 234
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Article 2.8 Article 2.8
Contact information Contact information
1. The contact information of the National Focal is: 1. The contact information of the National Focal is:
[details] [details]
2. The contact information for the Donors and the FMO is: 2. The contact information for the Donors and the FMO is:
Financial Mechanism Office Financial Mechanism Office
Att: Director Att: Managing Director
EFTA Secretariat EFTA SecretariatHouse
Rue Joseph II, 12-16 Rue Joseph II, 12-16Avenue des Arts 19H
1000 Brussels 1000 Brussels
Telephone: +32 (0)2 286 1701 Telephone: +32 (0)2 286 1701
Telefax (general): +32 (0)2 211 1889 Telefax (general): +32 (0)2 211 1889
E-mail:
[email protected] E-mail:
[email protected]
3. Changes of or corrections to the contact information referred to in this article 3. Changes of or corrections to the contact information referred to in this article
shall be given in writing without undue delay by the Parties to this agreement. shall be given in writing without undue delay by the Parties to this agreement.
Article 2.9 Article 2.9
Representations and Warranties Representations and Warranties
1. This agreement, including the budgets for the whole implementation period 1. This agreement, including the budgets for the whole implementation period
is based on information provided by, through, or on behalf of the National Focal is based on information provided by, through, or on behalf of the National Focal
Point to the Donors. Point to the Donors.
2. The National Focal Point represents and warrants that all information 2. The National Focal Point represents and warrants that all information
provided by, through, or on behalf of the National Focal Point in connection provided by, through, or on behalf of the National Focal Point in connection
with this agreement is authentic, accurate and complete. with this agreement is authentic, accurate and complete.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 235
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Chapter 3 Chapter 3
Finance Finance
Article 3.1 Article 3.1
Eligible expenditures Eligible expendituresExpenditure on Technical Assistance
1. Expenditure on Technical Assistance is eligible if it complies with the 1. The method of reimbursement of costs under this Agreement shall take the
provisions of Article 8.11 of the Regulations. form of a lump sum in accordance with the provisions in Article 8.11 of the
Regulations.Expenditure on Technical Assistance is eligible if it complies with
the provisions of Article 8.11 of the Regulations.
2. Notwithstanding and in addition to the provisions of paragraphs 1 of this 2. Notwithstanding and in addition to the provisions of paragraphs 1 of this
Article, expenditures under this agreement are only eligible if they comply with Article, eExpenditures under this agreement are only eligible if they shall
the general principles on eligibility of expenditure contained in Chapter 8 of the comply with the general principles on eligibility of expenditure contained in
Regulations, as applicable. Chapter 8 of the Regulations, as applicable.
3. The first date of eligibility of expenditures under this agreement shall be 3. The first date of eligibility of expenditures under this agreement shall be
[date]. [date].
4. Notwithstanding paragraph 3, expenditure referred to in point (i) of Article 4. Notwithstanding paragraph 3, expenditure referred to in point (i) of Article
8.11.2 of the Regulation shall be eligible as of [date]. 8.11.2 of the Regulations shall be eligible as of [date].
5. The final date of eligibility of expenditures on Technical Assistance shall be 5. The final date of eligibility of expenditures on Technical Assistance shall be
31 August 2025. 31 August 2025.
6. The method of reimbursement of costs under this Agreement shall take the To specify if Simplified Cost Options
form of a lump sumbe […] will be used
Article 3.2 Article 3.2
Proof of expenditure Proof of conditions fulfilled expenditure
Costs incurred by the National Focal Point, the Certifying Authority, the Audit Proof of conditions fulfilled for contributions to cCosts incurred by towards the
Authority, the Irregularities Authority or any final beneficiary under this National Focal Point, the Certifying Authority, the Audit Authority, the
agreement shall be supported by documentary evidence as required in Article Irregularities Authority or any final beneficiary under this agreement shall be
8.12 of the Regulation. supported by documentary evidence as required in Article 8.12 of the
Regulations. limited to proof of outputs and/or results delivered, in accordance
with Article 8.13 of the Regulations.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 236
Annex 5: Technical assistance agreement template
Current text New text (with track changes) Comments
Article 3.3 Article 3.3
Payments Payments
1. Payments under this agreement shall be made when all relevant conditions 1. Payments under this agreement shall be made when all relevant conditions
for payments stipulated in this agreement and the Regulations have been for payments stipulated in this agreement, the MoUs and the Regulations, as
fulfilled. applicable, have been fulfilled.
2. Payments shall take the form of an advance payment, interim payments and 2. Payments shall take the form of an advance payment, interim payments and
payment of the final balance and shall be made in accordance with Articles 9.2, payment of the final balance and shall be made in accordance with Articles 9.2,
9.3 and 9.4 of the Regulations. The final balance shall be presented in the Final 9.3 and 9.4 of the Regulations. The final balance shall be presented in the Final
Programme Report referred to in Article 2.5 of this agreement. Programme Report referred to in Article 2.5 of this agreement.
3. The level of the advance payment for Technical Assistance is EUR [amount]. 3. The level of the advance payment for Technical Assistance is EUR [amount].
This consists of the following elements: This consists of the following elements:
(a) Technical Assistance allocation under the EEA Financial Mechanism of (b) Technical Assistance allocation under the EEA Financial Mechanism of
EUR [amount]; EUR [amount];
Technical Assistance allocation under the Norwegian Financial Mechanism of (c) Technical Assistance allocation under the Norwegian Financial
EUR[amount]; Mechanism of EUR[amount];
4. Chapter 9 of the Regulations shall apply to all aspects related to payments. 4. Chapter 9 of the Regulations shall apply to all aspects related to payments.
Article 3.4 Article 3.4
Transparency and availability of documents Transparency and availability of documents
The National Focal Point shall ensure an audit trail for financial contributions The National Focal Point shall ensure an audit trail for financial contributions
from the EEA and Norwegian Financial Mechanisms 2014-2021 under this from the EEA and Norwegian Financial Mechanisms 2014-20212021-2028
agreement, in accordance with Article 9.8 of the Regulations. under this agreement, in accordance with Article 9.8 of the Regulations.
Article 3.5 Article 3.5
Irregularities, suspension and reimbursements Irregularities, suspension and reimbursements
The Donors have the right to make use of the remedies provided in the The Donors have the right to make use of the remedies provided in the
Regulations, in particular Chapter 13 thereof. The National Focal Point has a Regulations, in particular Chapter 13 thereof. The National Focal Point has a
duty to take all necessary measures to ensure that the provisions in Chapter 12 duty to take all necessary measures to ensure that the provisions in Chapter 12
and 13 of the Regulations regarding irregularities, suspension of payments, and 13 of the Regulations regarding irregularities, suspension of payments,
financial corrections and reimbursement are complied with. financial corrections and reimbursement are complied with.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 237
Annex 5: Technical assistance agreement template
Current text New text (with track changes) Comments
Chapter 4 Chapter 4
Final provisions Final provisions
Article 4.1 Article 4.1
Dispute settlement Dispute settlement
1. The Parties waive their rights to bring any dispute related to the agreement 1. The Parties waive their rights to bring any dispute related to the agreement
before any national or international court, and agree to settle such a dispute in before any national or international court, and agree to settle such a dispute in
an amicable manner. an amicable manner.
2. If a demand for reimbursement to the Donors is not complied with by the 2. If a demand for reimbursement to the Donors is not complied with by the
Beneficiary State, or a dispute related to a demand for reimbursement arises that Beneficiary State, or a dispute related to a demand for reimbursement arises that
cannot be solved in accordance with paragraph 1, the Parties may bring the cannot be solved in accordance with paragraph 1, the Parties may bring the
dispute before Oslo Tingrett. dispute before Oslo Tingrett.
Article 4.2 Article 4.2
Termination Termination
1. The Donors may, after consultation with the National Focal Point, terminate 1. The Donors may, after consultation with the National Focal Point, terminate
this agreement if: this agreement if:
(a) a general suspension decision according to Article 13.6 of the Regulations (d) a general suspension decision according to Article 13.6 of the Regulations
or a decision to suspend payments according to paragraph 1(h) of Article or a decision to suspend payments according to paragraph 1(h) of Article
13.1 of the Regulations has not been lifted within 6 months of such a 13.1 of the Regulations has not been lifted within 6 months of such a
decision; decision;
(b) a suspension of payments according to Article 13.1 of the Regulations, (e) a suspension of payments according to Article 13.1 of the Regulations,
other than under paragraph 1(h), has not been lifted within one year of such other than under paragraph 1(h), has not been lifted within one year of such
a decision; a decision;
(c) a request for reimbursement according to Article 13.2 of the Regulations (f) a request for reimbursement according to Article 13.2 of the Regulations
has not been complied with within one year from such a decision; has not been complied with within one year from such a decision;
2. This agreement can be terminated by mutual agreement between the Parties. 2. This agreement can be terminated by mutual agreement between the Parties.
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 238
Annex 5: Technical assistance agreement template
Current text New text (with track changes) Comments
3. Termination does not affect the right of the Parties to make use of the dispute 3. Termination does not affect the right of the Parties to make use of the dispute
settlement mechanism referred to in Article 4.1 or the right of the Donors to settlement mechanism referred to in Article 4.1 or the right of the Donors to
make use of the remedies provided in Chapter 13 of the Regulations. make use of the remedies provided in Chapter 13 of the Regulations.
Article 4.3 Article 4.3
Waiver of responsibility Waiver of responsibility
1. Nothing contained in this agreement shall be construed as imposing upon the 1. Nothing contained in this agreement shall be construed as imposing upon the
Donors or the FMO any responsibility of any kind to any third party for the Donors or the FMO any responsibility of any kind to any third party for the
supervision, execution, completion, or operation of any actions or obligations supervision, execution, completion, or operation of any actions or obligations
entered into pursuant to this agreement. entered into pursuant to this agreement.
2. The Donors do not assume any risk or responsibility whatsoever for any 2. The Donors do not assume any risk or responsibility whatsoever for any
damages, injuries, or other possible adverse effects caused as a result of actions damages, injuries, or other possible adverse effects caused as a result of actions
entered into pursuant to this agreement. It is the full and sole responsibility of entered into pursuant to this agreement. It is the full and sole responsibility of
the National Focal Point to satisfactorily address such issues. the National Focal Point to satisfactorily address such issues.
3. Neither the European Free Trade Association, its Secretariat, including the 3. Neither the European Free Trade Association, its Secretariat, including the
FMO, its officials or employees, nor the Donors, their officials or employees, FMO, its officials or employees, nor the Donors, their officials or employees,
can be held liable for any damages or injuries of whatever nature sustained by can be held liable for any damages or injuries of whatever nature sustained by
the National Focal Point, the Certifying Authority, the Audit Authority, the the National Focal Point, the Certifying Authority, the Audit Authority, the
Irregularities Authority or the Beneficiary State, Programme Operators, Project Irregularities Authority or the Beneficiary State, Programme Operators, Project
Promoters or any other third person, in connection, be it direct or indirect, with Promoters or any other third person, in connection, be it direct or indirect, with
this agreement. this agreement.
Article 4.4 Article 4.4
Entry into force and duration Entry into force and duration
1. This agreement shall enter into force on the date of the last signature of the 1. This agreement shall enter into force on the day following the date of the last To align entry into force provisions
Parties. signature of the Parties. across the legal framework
2. This agreement shall remain in force until five years have elapsed after the 2. This agreement shall remain in force until five years have elapsed after the
date of the acceptance of the final Strategic Report date of the acceptance of the final Strategic Report
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 239
Concept Note template
Concept Note template
[PROGRAMME NAME] CONCEPT NOTE
[EEA and Norwegian Financial Mechanisms 2021–2028]
Document date: [DD/MM/YYYY]
Version number: [XX]
Basic information
Programme name: [Insert text]
Programme area(s): [Insert text, as stated in the MoU]
Programme grant:
Total € [insert amount]
EEA Grants € [insert amount]
Norway Grants € [insert amount]
Programme Operator: [Insert name of institution]
Donor Programme Partners: [Insert names of institutions – main DPP first]
Other Programme Partners: [Insert names of institutions]
International Partner Organizations: [Insert names of institutions]
MoU conditions and specific concerns: [Insert text, as stated in the MoU]
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 240
Concept Note template
Programme objective(s): [insert from the Blue Book]
Briefly describe how the programme objective fits within the national context, national priorities and policies, the
overall objectives of the Grants, and relevant EU policies. Maximum 600 words.
[Insert text]
Outcome 1: [insert outcome statement]
Please note: It is suggested that most programmes have only 2-3 outcomes. Repeat this block for each outcome.
Challenges to be addressed
Describe the main challenges that will be addressed under this outcome. Describe who the target group(s) are for
these challenges. Maximum 300 words
[Insert text]
Expected results
Describe the main results the programme expects to achieve under this outcome, and for which target group(s).
Expected results are the actual changes expected under this outcome. Maximum 300 words
[Insert text]
Approach
Describe the modalities, activities, and approach for addressing the challenges identified under this outcome. Include
mention of how you will work with the target group(s). Describe the main risks and assumptions that may affect
implementation. Maximum 600 words
[Insert text]
Outcome 2: [insert outcome statement]
Repeat the heading structure of Outcome 1
Outcome 3: [insert outcome statement]
Repeat the heading structure of Outcome 1
Conditions and specific concerns
Describe how conditions and/or specific concerns from the Memorandum of Understanding and, where relevant,
the values and principles identified in Article 1.3.1 of the Regulation, will be integrated in the development planning
and implementation of the programme;
Maximum 450 words.
Bilateral cooperation
Describe how the programme will contribute to strengthening bilateral cooperation with the Donor State(s).
Describe the main priorities for the bilateral funds in the programme. For programmes with a Donor Programme
Partner (DPP), describe how the DPP will contribute to achieving the programme results, and their role in project
selection processes. For programmes without a DPP, describe how bilateral cooperation will be addressed at the
project level. Maximum 450 words.
[Insert text]
Cooperation with international organisations
Describe how the IPO will contribute to achieving the programme results, and their role in project selection
processes., if applicable. Maximum 150 words
[Insert text]
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 241
Concept Note template
Modalities
The programme will be implemented by way of the following modalities as applicable/planned. Note: a suggested
limit is two calls per outcome.
Modality Planned amount (€)* Project grant rate Eligible applicants/ Proposed Project Eligible partners/Proposed
(%) Promoter for PDP partners for PDPs
Outcome 1
Call 1.1 [Insert amount] [Insert rate] [Insert text] [Insert text]
Call 1.2 [Insert amount] [Insert rate] [Insert text] [Insert text]
PDP 1.1 [Insert amount] [Insert rate] [Insert text] [Insert text]
Outcome 2
Call 2.1 [Insert amount] [Insert rate] [Insert text] [Insert text]
Call 2.2 [Insert amount] [Insert rate] [Insert text] [Insert text]
PDP 2.1 [Insert amount] [Insert rate] [Insert text] [Insert text]
* Including national co-financing.
* Rounded-up amounts, where possible.
Results framework
Provide outcome and output, as applicable/planned, statements that describe the expected results of the
programme.
Programme objective [Insert Blue book wording]
Outcome 1 [Insert outcome statement - Minimum one outcome per programme]
- Output 1.1 [Insert output statement - Minimum one output per outcome]
- Output 1.2 [Insert output statement - Repeat as needed]
Outcome 2 [Insert outcome statement - Minimum one outcome per programme]
- Output 2.1 [Insert output statement - Minimum one output per outcome]
- Output 2.2 [Insert output statement - Repeat as needed]
Budget
Programme
Norway Programme
Budget heading EEA Grants Total grant eligible
Grants grant rate
expenditure
Programme
PM € € € X% €
management
PAX Outcome 1 € € € X% €
PAX Outcome 2 € € € X% €
PAX Outcome 3 € € € X% €
Total € € € X% €
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 242
Concept Note template
Annex I
Pre-defined projects
Project title:
Project Promoter:
Project Partner(s):
Donor project partner(s):
Total maximum eligible project cost: €
Project grant rate: 0%
Project grant amount*: €
Estimated duration: X months
[Briefly describe the challenges and needs in the Beneficiary State in relation to the Programme area and Areas of
support. Explain why it is necessary to pre-define this project. Identify the target groups and include a description of the
effect on the direct target group / target institution of the PDP. Describe funding gaps, existing complementary funding
and any previous experience with funding by the project promoter.
Describe the PDP’s measures and expected deliverables and how these will deliver the expected outcome(s).] Maximum
600 words.
* Maximum contribution from the Programme
EEA FM 21-28 Regulation – Beneficiary State consultation, p. 243
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National Focal Points
Brussels, 13 September 2024
Subject: Consultation on the Regulation on the implementation of the EEA Financial
Mechanism 2021-2028
Dear Colleagues at the National Focal Points,
The agreements between Iceland, Liechtenstein and Norway and the EU on the EEA and Norway Grants
2021-2028 were signed on 12 September 2024. We are consequently very pleased to send you this
invitation to participate in the consultation on the Regulation on the implementation of the EEA Financial
Mechanism 2021-2028.
Protocol 38D on the EEA Financial Mechanism 2021-2028 states that ‘Further provisions for the
implementation of the EEA Financial Mechanism, including simplification measures aimed at securing
efficiency and effectiveness in implementation, will be issued by the EFTA States after consultations with
the Beneficiary States which may be assisted by the European Commission. The EFTA States shall
endeavour to issue these provisions before the signing of the Memoranda of Understanding.’ (Article 9.4).
The Agreement on the Norwegian Financial Mechanism 2021-2028 contains identical requirements.
Protocol 38D and the Agreement between Norway and the European Union on the Norwegian Financial
Mechanism 2021-2028 both state in Article 8 that the EEA and Norwegian Financial Mechanisms shall be
closely coordinated and that the procedures and implementation modalities shall be essentially the same
for both financial mechanisms. Given that there shall be no substantive difference between the Regulation
for the EEA Grants and the Regulation for the Norway Grants, only the Regulation on the implementation
of the EEA Financial Mechanism 2021-2028 is attached, however any responses received will be
considered by the Donor States as applying also to the Norwegian Financial Mechanism.
Proposed changes to the Regulation
The draft Regulation reflects the Donor States’ ambition to simplify processes and reduce administrative
burden, to maximize programme implementation time and to safeguard the common values and principles
expressed in Protocol 38D. Annexed to this letter you will find a detailed description of all changes. We
think that the highlights are as follows:
Project promoters and partners deliver the results for the Grants and we aim to remove unnecessary
administrative burdens on them. Accordingly, requirements related to visibility for smaller projects have
been reduced. Widespread use of simplified cost options can significantly reduce the complexity and
volume of reporting requirements and the revised Regulation allows for a broad use of this modality, closely
modelled on the EU cohesion policy model. Where cost recovery remains the approach, requirements for
the submission of proof of expenditure have been reduced and limits have been placed to reduce the
frequency of financial reporting.
eeagrants.org EEA and Norway Grants
Financial Mechanism Office
EFTA House, Avenue des Arts 19H,
1000 Brussels, Belgium
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Programme Operators are at the centre of the administration of the grants and will benefit from a lighter
reporting burden as the Annual Programme Report and the Strategic Report are merged and the number
of annual forecasts is halved and incorporated into the Interim Financial Reports. In addition, a flexibility to
transfer funds across measures within programmes without prior approval will be available from the outset,
reducing the need for Programme Agreement modifications.
Technical Assistance grants to cover the work of the National Focal Points, Certifying, and Audit Authorities
shall be paid in the form of a lump sum. The threshold for the submission of irregularity reports to the donors
is raised in line with the equivalent threshold under the EU Structural Funds, allowing a focus on the more
serious cases. Agreement management is simplified so that Programme Agreements, Bilateral Fund
Agreements and Technical assistance agreements can be updated without formal modification where
changes follow an MoU modification. The requirement for a reserve at national level and for a mid-term
review to allocate this reserve, have been removed. Financial Instruments as a separate modality have
been removed. The separate Irregularities Authority has been removed and replaced by a function to be
carried out by the Certifying Authority, or another national entity where needed.
We would also like to further explore with you our proposal for a ‘multisite’ web environment, to be
established by the FMO in order to host all Beneficiary States’ websites in a harmonised manner.
Improved efficiency and the potential for processes to be carried out in parallel where possible are essential
to maximising the time for programme implementation and rely on all parties collaborating effectively.
Management and Control System descriptions will no longer be reviewed by the FMO, which will rely on
the national Audit Authorities’ opinions and there will no longer be a requirement for National Focal Points
to review dedicated descriptions of the management systems of each Programme Operator. This reflects
the Donor States’ confidence that the national systems developed over the past years can continue to
perform their essential functions.
Deadlines for the development and review of the concept note and for the conclusion of the Programme
Agreement have been introduced that are intended to limit the time needed for approval of each programme
to twelve months from MoU signature. To support this, stakeholder consultation is no longer mandatory in
all cases during concept note development and the concept note template has been simplified.
The routine appraisal and notification to the FMO of each pre-defined project has been removed, so that
pre-defined projects can start as soon as their programme has been approved. Input will be given in the
early stages of the development of calls for projects so as to align expectations as early as possible.
Bilateral Funds are proposed to be deployed in a more flexible manner, with the total amount to be set
aside in the MoUs ranging between 2% and 5% of the total (gross) allocation to the Beneficiary State. There
will be a clear split between national and programme level Bilateral Funds to simplify their management
and reporting.
The common values on which the Financial Mechanisms are based are mainstreamed and provisions have
been added to different parts of the draft Regulation. Concept notes and programme agreements will be
scrutinised for compliance with the common values. Beneficiary States will be responsible to grant funding
only to applicants that respect the principles of implementation and ensure that the common values are
respected in all projects and activities. Additional grounds for the suspension of payments or financial
corrections have been foreseen to specifically address non-compliance with the common values.
2
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Practicalities
Your comments on the draft Regulation and Annexes should be provided in writing to consultation2021-
[email protected] (with a copy to the relevant Country Officer). Each National Focal Point should prepare and
send one set of comments. When addressing specific provisions, please insert your comments into the
template attached to this letter.
Any questions regarding the consultation process may be directed to Legal Officers Kristin Bjarnadottir
(
[email protected]) and Johannes Giske (
[email protected]).
The FMO would hereby like to invite you to Brussels on 25 September 2024 for a workshop dedicated to
clarifying the new Regulation. We hope that this can be of use to you in formulating your responses to the
consultation process. Preliminary invitations have already been sent and we are at your disposal for any
practical questions.
Responses to the consultation process should be sent to the FMO no later than 18 October 2024.
Following the end of the consultation period the final versions of the Regulations will be notified to all
Beneficiary States as soon as they are adopted by the Donor States.
We look forward to hearing all your feedback and to a swift launch of the new programming period.
Yours sincerely,
Ragna Fidjestøl
Managing Director
Financial Mechanism Office
3
EEA and Norwegian Financial Mechanism 2021-2028 – Regulation consultation Comments / proposals regarding specific provisions from [Country] In order to facilitate the FMC’s review and follow-up of the comments and proposals received during the consultation, please fill in the table below with comments linked to specific chapters or articles, as well as any specific proposals for additions or deletions in the Regulation text. Provision Proposal / Comment Justification for proposal E.g. Chapter 1 / 1 .1 / 1.1. 1 / 1.1.1 ( a ) E.g. Delete “Lorem ipsum dolor sit amet” / Add “dolor sit amet” after “Lorem ipsum”