UIA Guidance en
UIA Guidance en
UIA Guidance en
Version 15/12/2015
The present Guidance has been produced in the framework of the first Call for Proposals for the
selection of Urban Innovative Actions projects.
It has been conceived to complement the Terms of Reference of the Calls for Proposals. It aims to
provide detailed information on the UIA Initiative as well as on how to submit an application form,
how to define the work plan, budget and related deliverables/outputs and how to manage an UIA
project. It details the main rules and procedures to be respected in the framework of the UIA
Initiative. It will also act as the main reference document for project implementation.
The Guidance will remain valid for all call for proposals launched by the UIA Initiative but it could be
updated with additional information and details. The updated versions of the Guidance will be duly
highlighted on the UIA website.
Table of Contents
1.
1.1
1.2
1.3
1.4
Eligible authorities..................................................................................................... 10
1.5
1.6
1.7
2.
2.1
2.2
3.
3.1
3.2
Selection process....................................................................................................... 25
3.2.1
3.2.2
3.2.3
3.2.4
3.2.5
4.
4.1
4.2
4.2.1
Staff .......................................................................................................................... 35
4.2.2
4.2.3
4.2.4
4.2.5
Equipment ................................................................................................................ 43
4.2.6
4.3
Ineligible expenditure................................................................................................ 46
4.4
4.5
4.5.1
4.5.2
4.5.3
Revenues .................................................................................................................. 53
4.5.4
4.5.5
4.5.6
4.5.7
4.5.8
State aid.................................................................................................................... 60
5.
The concentration of consumers, workers and businesses in a place or area, together with the formal
and informal institutions that are found in urban areas, makes them more than just centres of
population. Urban areas are where threats and opportunities for sustainable development come
together.
The density of people, economic activities and built environment amplifies social and environmental
problems. Urban areas face multiple and interconnected internal and external challenges related to
employment, migration, demography, air, water and soil pollution, climate change, economic
development, etc.
But, urban areas are also places of innovation, engines of new ideas and solutions, drivers for local
and global economy and where wealth and jobs are created. They are dynamic places where change
can happen on a larger scale and at a more rapid pace.
Over recent decades, a large consensus has emerged that, in order to successfully address complex
and interwoven challenges, urban authorities need to design and implement integrated answers
combining measures promoting education, economic development, social inclusion and
environmental protection.
Since 1989, the European Union has recognised the key role of urban authorities and supported
them, mainly through the tools and mechanisms of cohesion policy, in order to develop and
implement integrated strategies for sustainable urban development. For the 2014-2020 period, the
European Commission strongly supports an increased focus on integrated sustainable urban
development. In the context of cohesion policy, the EU devotes a large budget to sustainable urban
1
development. It can be estimated that at least EUR 80 billion from the European Regional
Development Fund (ERDF) will, directly or indirectly, be invested in urban areas. In addition, in order
to empower urban authorities throughout the EU, almost EUR 15 billion ERDF will be directly under
the control of urban authorities for the purposes of integrated sustainable urban development
strategies which tackle the economic, environmental, climate, demographic and social challenges
affecting urban areas2.
At a wider strategic level, an EU Urban Agenda is being developed. This process aims to better
involve urban authorities in the design of EU/national policies and to mobilise them in the
implementation of EU/ national policies. This will make urban authorities more effective and
efficient on the ground. It will also yield concrete results for all levels (EU/national/local) in terms of
better regulation, better funding and better knowledge base and exchange3.
Moreover, there is strong evidence suggesting that the nature and scale of the challenges facing
urban authorities demand much more than traditional policies and services. Urban authorities need
to be bold and innovative in designing and experiment new services and products to respond to
increasingly complex challenges. Innovation is therefore becoming an increasingly familiar concept
for urban policy makers and practitioners across Europe, and beyond.
A standard definition of innovation is provided by OECD Oslo Manual (2005). An innovation is the
implementation of a new or significantly improved product (good or service), or process, a new
marketing method, or a new organizational method in business practices, workplace organization or
external relations. However other definitions of innovation can be considered. For example, the
successful implementation of new ideas (BIS), change that creates a new dimension of
performance (Peter Drucker), new ideas that work (Nesta), fresh thinking that creates added
value (Richard Lyons).
For an urban authority to innovate implies a very sharp understanding of the reality, a high degree of
creativity and willingness to take risk. Understanding how things work, how they can be improved
and what is actually missing (yet not existing). To be innovative means applying creativity and
2
http://ec.europa.eu/regional_policy/sources/docgener/informat/themes2012/urban_en.pdf
3
http://ec.europa.eu/regional_policy/en/newsroom/news/2015/06/the-eu-urban-agenda-commission-unveils-results-ofpublic-consultation
imagination to design, prototype, test and eventually scale up novelties which citizens and users
would perceive as having an added value, therefore providing a wider, if not completely new, market
for them.
However, whilst research on urban issues is well developed, with many universities, urban planners
and the urban authorities themselves proposing new and innovative ideas, these potential solutions
are not always put into practice. One of the reasons is that urban authorities are reluctant to use
their own financial resources to fund ideas that are totally new, unproven and hence risky. Budget
constraints are therefore limiting the capacities of urban authorities for experimentation and
testing. This lack of experimentation is one of the reasons why the Commission decided to create a
new instrument called Urban Innovative Actions (UIA).
In line with Article 1 UIA, the Commission has designated the Region Nord-Pas de Calais (France) as
Entrusted Entity for the implementation of the UIA Initiative.
A Delegation Agreement has been signed between DG Regional and Urban Policy and the Region
Nord-Pas de Calais which sets out in detail the working arrangements and the requirements. Tasks
comprise:
To organise calls
To select actions
To examine the reports submitted by the project and execute payments to the Urban
Authority
To disseminate results
To set up and ensure the functioning of an effective and efficient internal control system
A Permanent Secretariat (PS) has been created to manage the UIA Initiative4.
Urban authorities should seize the opportunity offered by the UIA Initiative to move from normal
projects (that could be financed through traditional sources of funding, including mainstream
ERDF Programmes) and take the risk to turn ambitious and creative ideas into prototypes that can
be tested in real urban settings.
UIA projects will be selected through annual calls for proposals from 2015 to 2020 on one or more
topics proposed by the Commission. Each action can receive up to a maximum of EUR 5 Million ERDF
co-financing. Project implementation must take place within a maximum period of 3 years. There is
no fixed minimum size for UIA project budgets. However, small projects (i.e. below EUR 1 million
ERDF requested) may have a reduced probability of being selected as they may struggle to
demonstrate that the actions are of sufficient scale to produce meaningful conclusions.
4Detailed
Each of the projects funded within the frame of the UIA Initiative shall address a challenge that is of
relevance at Union level and support one or several ERDF Thematic Objectives and related
Investment Priorities as set out in the first paragraph of Article 9 CPR and in Article 5 ERDF.
Throughout the implementation of the project, by experimenting and testing new processes and
solutions, urban authorities will tackle the local challenges identified, but they will also generate an
important wealth of knowledge about the experimentation process (what worked, what did not
work and what could be done differently). This knowledge will be captured (mainly through the
involvement of experts) and shared with other policy makers and practitioners across Europe.
Different mechanisms will be set up to ensure the capitalisation and transfer of knowledge, the main
one will be the involvement of the urban authorities supported by UIA in the activities of the Urban
Development Networks (UDN)5.
Innovative: Projects should be new, bold, creative and experimental. Urban authorities
should propose projects that might not been financed under a mainstream Programme
and are not merely part of normal local activities. Building on research and
benchmarking, urban authorities should be able to demonstrate that the proposed
project has not been previously tested and implemented on the ground in the urban
area or elsewhere in the EU.
Of good quality: Projects should meet key quality standards such as clear and logical
interrelation of objectives/activities/outputs, evidence of preparatory work, realistic
ambitions, effective management structures and procedures.
Measurable: Urban authorities should be able to clearly explain what the changes are
that they want to achieve in the local context as a result of their projects. They need to
5The
participation of UIA urban authorities in the activities of the Urban Development Network is compulsory. More
demonstrate how any change in the local situation is directly attributable to the new
solution developed and how the results can be measured, quantified and evaluated.
A detailed presentation of the selection criteria for UIA projects is provided in Chapter 3 of the
present Guidance.
a. Any urban authority of a local administrative unit defined according to the degree of
urbanisation as city, town or suburb comprising at least 50 000 inhabitants
b. Any association or grouping of urban authorities of local administrative units defined
according to the degree of urbanisation as city, town or suburb where the total
population is at least 50 000 inhabitants; this can include cross-border associations or
groupings, associations or groupings in different regions and/or Member States
Definitions for the concepts of local administrative units and degree of urbanisation are provided by
Eurostat6. In particular, in the framework of the UIA Initiative the concept of local administrative unit
refers to the democratically elected administrative body relevant to the urban area concerned (e.g.
city council, municipality, borough, etc.).
explained/index.php/Glossary:Local_administrative_unit_%28LAU%29
Definition of degree of urbanisation: http://ec.europa.eu/eurostat/statisticsexplained/index.php/Glossary:Degree_of_urbanisation
10
In order to ensure the consistency of the figures related to the total number of inhabitants, in the
case of single urban authorities as well as for associations and groupings of cities, applicants are
invited to refer to the information provided in spreadsheet elaborated by Eurostat7.
However, as not all Member States describe their locally governed areas as local administrative
units, it is possible that there are some inconsistencies and gaps in the Eurostat spreadsheets. As
such, if an urban authority believes that it is eligible but does not appear in the Eurostat
spreadsheet, or it feels that the information is somehow inconsistent with the reality of its situation,
it is invited to apply. However, in case which are uncertain the UIA PS will liaise with all relevant
partners, including Eurostat, to determine the eligibility.
The category of associations and groupings of urban authorities where the population is at least
50 000 inhabitants can include institutions with a legal status of organised agglomerations8, and
therefore considered as tiers of government by the national legislation (i.e. Communauts
dAgglomration in France, Citt Metropolitane in Italy, Metropolitan Authorities in the United
Kingdom), but also organisations without a legal status of organised agglomeration, created on a
voluntary basis by the urban authorities involved (already existing or created for the purpose of the
UIA Initiative).
In the case of associations and groupings recognised as organised agglomerations, the institution,
including all the other urban authorities involved, will be considered as the Urban Authority.
In the case of associations and/or groupings of urban authorities without a legal status of organised
agglomeration, the urban authorities involved are requested to identify one Main Urban Authority
and the Associated Urban Authorities. More information on the role of the Main and Associated
Urban Authorities are provided in section 2.1 of the present Guidance.
Previous experiences show that single projects delivered by associations or grouping of cities
without a status of organised agglomeration, comprising more than 3 urban authorities, and without
territorial contiguity, risk losing coherence and having difficulties in delivering meaningful results. As
7EUROSTAT/
http://ec.europa.eu/eurostat/web/nuts/local-administrative-units
8
Organised agglomerations are defined as associations and groupings of urban authorities represented by politico-
administrative institutions having delegated competences for policy-making and implementation in the policy area covered
by the UIA project.
11
such, it is recommended that associations and/or groupings of urban authorities (without the status
of organised agglomerations) who wish to apply should be territorially contiguous and seek to limit
the number of Associated Urban Authorities involved. It should also be noted that:
Only the authorities listed above may submit an Application Form in the framework of a Call
for Proposals for UIA
An Urban Authority or an association/grouping can submit only one project proposal in the
framework of each Call for Proposals
The Commission strongly believes that the UIA Initiative should concretely contribute to this
operational aim of the EU Urban Agenda. As a consequence, the topics that urban authorities can
address within the frame of the UIA Initiative should be closely aligned to those that Member States,
representatives of local authorities, NGOs, European and national associations of cities, as well as
experts and the Commission, have identified within the frame of the EU Urban Agenda.
Urban poverty (in particular child poverty, deprived neighbourhoods and homelessness)
Housing
Circular economy
Climate adaptation
Energy transition (in particular energy efficiency and local renewable energy systems)
12
Air quality
Digital transition (in particular data collection, data management and digital services)
Each call for proposals for UIA will focus on a limited number of topics. The topics for each call will
be defined annually by the Commission. They will be announced on the websites of DG Regional and
Urban Policy and of the UIA Initiative. They will be described in the Terms of Reference of each Call
for Proposals.
It should be noted that the EU Urban Agenda is a developing process which will evolve in the coming
years as the various stakeholders involved calibrate to the optimum way of working. It is therefore
anticipated that as the process develops, some of the topics listed above could be modified and/or
reframed. Modifications to the topics listed above will be communicated if this is the case.
Advice and guidance on the substance of the action, especially regarding the innovative
content
Assistance in the development of documentation and outputs that will capture and
disseminate lessons learnt, good practice, etc. to the wide audience
Support to ensure that the action remains on track and is in line with the agreed
proposal
The support and advice will be provided by UIA Experts on an ongoing basis throughout the
implementation process of projects as well as during the closing phase, when projects are requested
to draw lessons and share the knowledge generated with a wider audience of policy-makers and
practitioners across Europe.
It is expected that UIA Experts work with Urban Authorities of approved projects for a maximum of
40 days over the implementation phase of the projects (3 years plus 1 year for knowledge transfer
13
activities). UIA Experts are individuals with in-depth knowledge of the urban topics of relevance for
each Call for Proposals; experience in working with urban authorities; as well as a good
understanding of and proven experience in supporting urban experimentation and innovation.
UIA Experts are selected by the PS through annual Calls for Applicants linked to the Calls for
Proposals for the selection of projects. Once UIA projects are approved for funding, the PS, in
coordination with the Urban Authorities, will allocate UIA experts to projects.
The detailed work plan for UIA Experts will be agreed by the PS, the Urban Authority and the UIA
Expert after the approval of the project, based on the specific experiences and needs of the Urban
Authority.
The UIA Initiative will cover all costs related to the activities of UIA Experts (including costs for travel
and accommodation).
A first ERDF advance payment corresponding to 50% of the ERDF grant is made to the
Urban Authority on signature of the subsidy contract (and of the Partnership Agreement
when necessary).
A second ERDF advance payment corresponding to 30% of the ERDF grant is made to the
Urban Authority after the submission and approval of an interim progress report which
includes audited project expenditure. The expenditure must at least reach 70% of the
first pre-financing instalment (corresponding to 35% of the total eligible budget).
14
A third ERDF payment is made upon approval of the final progress report which also
includes the audited project expenditure. This progress report is submitted no later than
3 months after the project end date. It should be noted that during this last phase,
project partners need to pre-finance their expenditure.
A final ERDF payment is made to the project after the submission and approval of the
final qualitative report. The payment, which amounts to maximum EUR 12 000 ERDF
corresponds to the lump sum covering the project closure and transfer of knowledge.
The final qualitative report is submitted no later than one year after the project end
date.
15
Urban Authorities need to bring around the table the different interests at stake and different
perspectives to frame problems and agree on policy priorities, and design concrete solutions so as to
address these problems in the most efficient way. This cannot be a one size fits all solution.
Depending on the issue to be addressed and based on the local context and previous experiences,
Urban Authorities should involve a different mixture of local stakeholders (e.g. members of other
departments, elected representatives, different tiers of government, NGOs, private sector etc.).
The participative approach is even more important in the generation and development of genuinely
innovative and experimental projects. If projects are to address the challenges that are perceived as
the most pressing by the target groups, and if they are to be truly bold and innovative, then they
should seek to benefit from the diffuse knowledge and expertise that exists outside of the Urban
Authorities. The involvement of the right stakeholders will also assist with the scaling-up of the
project when the time comes.
Within the UIA projects, Urban Authorities are expected to establish strong local partnerships with
the right mix of complementary partners. All project partners need to be from the EU. A partnership
can be made up of the following:
Urban Authority: the UIA Initiative functions on the basis of an Urban Authority
responsible for the overall implementation and management of the entire project. The
Urban Authority bears the entire financial and juridical responsibility vis--vis the
Entrusted Entity. Other project partners keep their own responsibility vis--vis the Urban
16
The Urban Authority should ensure the involvement of all partners in the design phase
of the project as well as in its implementation.
Nota bene:
17
responsible for the delivery of specific activities and the production of the related
deliverables/outputs. Delivery Partners will have a share of the project budget and will
report the costs incurred for the delivery of the activities. Detailed information on Delivery
Partners (including legal status, experiences and competencies, contact persons, etc. shall be
provided in the Application Form). It should be noted that only organisations having legal
personality are entitled to participate in a project as formal partners. Consultancy firms
having as primary objective the development and management of European projects are not
entitled to participate in a project as formal partners.
A wider group of stakeholders should also be involved in the project including: institutions,
agencies, organisations and associations. These wont have a direct role but are considered relevant
in order to ensure a smooth and effective delivery as well as shared ownership of the project. This
group should include representatives of the target groups of the project. Partners involved in the
wider group of stakeholders can be involved in the design phase, the implementation phase, in the
communication and dissemination as well as in the monitoring and evaluation of the project results.
In the design phase of the project, Urban Authorities should involve the key stakeholders in order to
clarify the specific challenges to be addressed, to understand the changes that target groups want to
see as result of the project, to strengthen the evidence base, to map the potential contributions and,
as much as possible, to co-create the solutions to be tested and experimented.
In the implementation phase, Urban Authorities should maintain the participative approach sharing
tasks and responsibilities with the key stakeholders. To ensure an effective involvement of partners
in both phases, Urban Authorities are expected to define and set up effective mechanisms of
coordination and governance.
18
An output is what has actually been produced as a result of the funding given to the
project. It shall be captured by an output indicator and directly contributes to the
achievement of project result(s)
Any activities undertaken in the frame of the project shall be for the direct benefit of the area
concerned by the urban authorities involved in the project.
Here is a description of the different Work Packages found in the Application Form:
Work Package Project Preparation shall include all activities, and related deliverables, needed for the
definition and the design of the project proposal. This can include the different meetings with the
participation of the wide stakeholders in order to define the main challenge to be addressed, to
collect data and evidence of the local situation, to identify the main objectives, to define the
different potential contributions and ultimately to co-design the project proposal and write the
application.
In the Application Form, this Work Package is pre-filled. The main deliverable under this work
package is the completed Application Form to be submitted. Furthermore, costs for the Work
Package 1 are covered by a lump sum of EUR 20 000 total eligible costs (corresponding to maximum
EUR 16 000 ERDF). The Urban Authority will be the sole recipient for the UIA Initiative and can
distribute according to the involvement of each partner.
The activities to be developed under this Work Package aim to ensure a sound management and
coordination of the project concerning both the overall project management and all aspects linked
to the financial management. The Work Package also aims to organise the work between the
partners involved by building a strong collaborative relationship formalized in a Partnership
19
Agreement. The organisation of the partners responsibilities should result in the successful
implementation of the project as well as in the production and submission of the administrative
documents for accounting of expenditure and reporting on the activities implemented.
Urban Authorities are expected to group under this work package the activities related to the
strategic and operational management, more specifically:
Structure, responsibilities and procedures for the day to day management and
coordination (including whether it is foreseen to externalize the management)
The proposal should clearly describe who will be in charge of the project management, how much
personnel and time will be devoted to this task and how and by whom decisions on the project will
be made during the project period. It is strongly recommended that the project manager be full
time.
It is expected that the project management is carried out by the staff of the Urban Authority.
However, outsourcing of project management is possible on the basis of an appropriate justification,
provided that the Main Urban Authority retains full and day to day control of the project. The
proposal should clearly describe how this control will be guaranteed.
It should be noted that under this Work Package, one activity has to be exclusively devoted to
capitalisation activities (capturing knowledge produced by the project and drawing lessons on an
ongoing basis). These include the involvement of UIA experts during the project implementation (see
section 1.5 of the present guide for more information about UIA Experts) to provide:
Advice and guidance on the substance of the action, especially regarding the innovative
content
Assistance in the development of documentation and outputs that will capture and
disseminate lessons learnt, good practices, etc. to the wide European audience
Support to ensure that the action remains on track and is in line with the agreed
proposal
20
Capitalisation activities shall also include the participation in the activities of the Urban Development
Network (UDN) as well as participation in other national/international conferences to share the
knowledge generated by the project and the main lessons learnt on an ongoing basis.
The Communication Work Package should define the projects Communication Strategy and the
planning of its deliverables. No additional communication strategy document will be required. The
Work Package however must develop and exhaustive description of the following points:
Quantify your communication products (target values) and propose a detailed planning
and estimated budgets
Allocate sufficient time and resources to communication activities and make sure there
is one person responsible for communication inside your project (it can be an appointed
communication officer or the project manager, for instance). Describe how other
partners will interact/ disseminate results and if some tasks will be delegated to any
suppliers
Indicate how your communication activities will be evaluated with relevant indicators
In the Communication work package, in addition to the description of the general communication
activities, project partners must pay special attention to detailing how they will respect their
regulatory obligations with regard to acknowledging and promoting receipt of ERDF and fulfilling the
EU communication and information requirements. More details regarding Communication can be
found in Chapter 5.
It is worth reminding that a Work Package is a group of related project activities required to produce
project outputs. The articulation of the Work Packages will constitute a projects work plan. Project
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partners are expected to organise their main activities for the implementation of the project under
maximum 4 Work Packages.
Under each Work Package for implementation, Urban Authorities shall provide a summary
description explaining how the WP will contribute to the project implementation, the list and the
description of the main activities, information on the partners involved as well as a description of the
related deliverables and expected outputs.
A maximum of 5 activities can be listed under each Work Package and these activities shall support
the ERDF Thematic Objective and the related Investment Priorities.
In terms of support to ERDF Thematic Objectives and Investment Priorities, the overall project needs
to be viewed as supportive of the thematic objectives and investment priorities for ERDF. However
UIA projects contributing to Thematic Objectives 8-10 (i.e. those that are more social orientated) will
be able to financed provided that:
The knowledge generated by the overall project can be viewed as supportive of the thematic
objectives and investment priorities for ERDF; and
The project is not overwhelmingly focused on European Social Fund (ESF) type of activity
Under this Work Package projects shall include all investments they plan within the frame of the UIA
Initiative. Investment refers to a project output that remains in use by the projects target group
after the completion of the project. In line with Article 3 ERDF, productive investments, investments
in infrastructure and fixed investments in equipment are among the types of activities that can be
supported by UIA.
22
The last Work Package includes the activities related to the administrative closure of the project and
to the transfer of the knowledge generated during the project implementation.
For the administrative closure, projects have 3 months after the official end date of the project to
provide the PS with the required final administrative documents, more especially the final progress
report, the audited expenditure and the final payment claim.
For the Knowledge Transfer activities, projects have 12 months after the official end of the project to
produce a final qualitative report that draws the main lessons learnt and captures the main
knowledge generated during the project implementation. The PS will provide projects with a
standard format for the final qualitative report. UIA Experts will support projects in the preparation
of the final qualitative report and will produce a final evaluation of the projects. During the 12
months, projects are also requested to participate in national/international conferences to share the
main lessons learned and to explore the possibility to actively transfer the project to other cities
across Europe (e.g. by applying for a URBACT Transfer Network9).
Costs for the Work Package Closure and Knowledge Transfer are covered by a lump sum of EUR 15
000 total eligible costs (corresponding to maximum EUR 12 000 ERDF).
A Transfer Network is an URBACT project that allows a city (Giving city) to transfer a practice in the field of sustainable
urban development to other cities (Receiving cities). More information are available at: www.urbact.eu
23
A published Terms of Reference will define the specifications and requirements for each call,
including the list of topics for which Urban Authorities can submit a project proposal.
The submission of the Application Form and annexes is 100% paperless through the use of UIAs
Electronic Exchange Platform (EEP). A courtesy working document is provided on UIAs website.
Guidance is provided on how to complete the form.
It is strongly recommended that applicants fill in the Application Form in clear English, although it
may also be submitted in any of the official EU languages.
It should be noted that the Strategic and Operational Assessment will be done on the basis of the
English version of the Application Form (to be translated in English by an external service provider
contracted by the PS in case the Application Form is submitted in another language). The quality of
the translation will not be guaranteed by the PS and therefore is at the applicants risk. Moreover
the Subsidy Contract, project management, formal reporting, key deliverables and all
communication with the Entrusted Entity and the PS will have to be in English.
Additional documents other than the required annexes will not be taken into account when
assessing the project proposal. The documents to be sent are:
Application Form: The Application Form can be filled in using the online platform. It is
composed of sections presenting the project idea and the rationale (including
information on the innovativeness of the proposal), the partnership (including the Urban
Authority, the Delivery Partners, and if relevant the Associated Urban Authorities), the
main objectives and expected results, the proposed work plan and budget. Editing and
24
submission is only possible during an open call for proposals. The application includes a
number of automatic links, formulae and checks. These features mean that error
messages appear in the form if it is not properly filled in, and it cannot be submitted.
This helps to significantly reduce the risk of submitting ineligible applications.
3.2.1
Upon closure of a Call, an assessment is carried out as to the compliance of the received Application
Forms and their annexes with the formal eligibility and admissibility criteria. These criteria consist of
minimum technical requirements which unconditionally apply to all proposals submitted.
A.
Eligibility check
25
The eligibility assessment is carried out by the PS to assess whether an application complies with the
eligibility rules for projects. For the most part, this verification will be automatically carried out by
the EEP. The following elements constitute the eligibility assessment:
1. The Application Form has been submitted electronically via the EEP before the deadline
indicated in the Terms of Reference of the Call for Proposals
2. The Application Form is completely filled in
3. The applicant is an urban authority of a local administrative unit defined according to
the degree of urbanisation as city, town or suburb and comprising at least 50 000
inhabitants
OR
The applicant is an association or grouping of urban authorities of local administrative
units defined according to the degree of urbanisation as city, town or suburb where the
total population is 50 000 inhabitants
4. In case of an association or grouping without a legal status of organised agglomeration, a
Main Urban Authority and the Associated Urban Authorities are presented
5. Time limits are respected: the end date of the project respects the Call and the Initiative
requirements
6. The maximum budget requirements and the co-financing principle are respected
If not all requirements set out above are complied with, the application will be deemed ineligible
and no further assessment will be undertaken.
B.
Admissibility check
The admissibility check, carried out by the PS, is meant to ensure that all applications received in the
framework of the Call for Proposals are completed with the submission of the confirmation sheet
signed by a legal representative of the Main Urban Authority. The signed confirmation sheet shall be
uploaded in the EEP system and attached to the Application Form by the end of the Call deadline. If
the signed confirmation sheet is not uploaded in the EEP by the deadline indicated in the Call for
Proposals, the concerned application will be deemed inadmissible and no further assessment will be
undertaken.
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3.2.2
Strategic Assessment
Applications that are declared eligible and admissible will be subject to a Strategic Assessment
carried out by a panel of External Experts. The Strategic Assessment accounts for 80% of the
weighting given to the overall project assessment.
For each Call for Proposals, a panel of External Experts is set up through a Call for Applicants10 to
cover the specific topics relevant for the Call. The panel of External Experts shall be composed of
independent experts with an in-depth knowledge of the urban topics of relevance for each Call; a
good understanding of the urban dimension of EU policies; as well as a proven track record in
assessing applications of urban projects including applying scoring systems and making
recommendations for selection. The panel shall be geographically balanced and ensure that the
territorial diversity of the EUs urban areas is taken into account.
The following elements are under evaluation during the Strategic Assessment:
applicant able to
project proposal is a
concerned
add value?
The
project
40%
describes
well
the
potential
10The
Calls for Applicants for the constitution of the External Experts Panel will be available on the UIA website.
27
involvement of key
stakeholders relevant
for the
Authorities, if relevant) :
implementation of the
project?
15%
and sectors
Delivery
Partners
(and
Associated
Urban
outputs
meaningful conclusions
measurable results?
15%
transferability and
scaling up
expressed
There is clear evidence that the project (process as
the project be
and
replicable
by
10%
other
28
transferable to other
project partnership
Europe?
As a result of the Strategic Assessment the panel of External Experts elaborates an assessment of the
applications and ranks them. In agreement with the Commission, applications which score above a
certain threshold will go forward for an Operational Assessment. Applicants will be notified at the
end of the Strategic Assessment process of the decision.
3.2.3
Operational Assessment
The Operational Assessment is carried out by the PS and accounts for 20% of the weighting given to
the overall project assessment. The main objective of the Operational Assessment is to assess the
quality of the proposal i.e. is it justified, realistic, consistent and coherent, well managed and value
for money?
The following elements are under evaluation during the Operational Assessment:
Quality
2014-2020
principles
of
sustainable
urban
development
Proposed
activities
and
deliverables
are
and results
consistent and
coherent?
29
20%
logical time-sequence
management
structures and
The
Urban
Authority
demonstrates
30
management support
Sufficient
and
reasonable
resources
are
money?11
proportionate?
activities appropriate
and stakeholders
groups and
objectives?
11It
should be noted that the concept of value for money is expressly quoted here however it represents a transversal
criterion that needs to be evaluated all along the proposal. This will be part of internal guidance provided to evaluators.
31
After the Operational Assessment, a Selection Committee comprised of the Entrusted Entity and the
Commission will meet to make the final selection. The Commission provides the final agreement as
to which projects are selected. Applicants will be notified at the end of the Operational Assessment
process of the decision.
3.2.4
A scoring system will be used to help in the decision making process. A score of 1 to 5 will be
attributed to each weighted criterion which will result in an average score per project. The following
scoring scale is used:
5 excellent
4 good
3 adequate
2 poor
1 very poor
3.2.5
Project applicants of rejected proposals are informed in writing about the decision. Any questions in
relation to the assessments will be examined and answered by the Entrusted Entity and/or the PS.
Projects that have not been selected for funding have the right to file a formal complaint on the
decision of the UIA Initiative regarding the non-selection of a proposal. However, such a complaint
must be well grounded and follow a specific procedure. Please note that further details and specific
complaints may be published within the Terms of Reference of each Call for Proposals.
The assessment does not correspond to the information provided by the applicant
The project assessment and selection process failed to comply with the specific
procedures laid down in the Terms of Reference of the Call and in the UIA Guidance that
materially affected or could have affected the decision
32
Only the project applicants can file a complaint. Complaints must be submitted in writing (post or
email) to the PS within 3 weeks after the official notification of the non-selection of the project. This
deadline shall not prejudice the start of the approved projects. The complaints will be examined and
answered by a Complaint Panel involving the Entrusted Authority, the Commission and the PS.
33
Relate to activities set out in the application form, be essential for the implementation
of a project and not have been incurred if the project had not been carried out
(additionality)
Be in euro when reported to UIA; expenditure incurred in a currency other than the euro
shall be converted into euro by the project partner
Comply with the principles of efficiency, economy and effectiveness (provide value for
money)
Additionally:
Double financing of the same costs is not allowed (e.g. expenditure which is already co-
34
Any revenues generated by project activities must be reimbursed or deducted from the
total eligible costs claimed
Project expenses related to project independent audits and the involvement of UIA
external experts need to be covered through budget line external expertise and
services
4.2
Budget lines
The following sections provide an overview on the eligibility principles for the different budget lines
of each project partner:
Staff
Equipment
For each budget line, a definition is provided as well as guidance for budgeting and reporting.
Partners are strongly recommended to seek advice from their respective auditor or the PS if there is
any issue related to the eligibility of expenditure that is not answered by the present rules.
4.2.1
Staff
Staff costs cover gross employment costs of persons employed directly by the partner organisation
and working full or part time on the project in line with their respective employment contracts. The
following options for staff costs are eligible:
Real costs
35
Each project partner shall decide on whether to apply the real costs or the flat rate principle in the
application form. This choice is valid for all staff members of the project partner in question and
cannot be modified during the entire project duration. This also means that within the same project,
different partners may follow different options.
If staff costs are calculated on the real costs method, the following principles have to be obeyed:
Staff members can either be already employed by the partner or contracted specifically
for the project
The staff costs calculation is based on costs actually paid out and proofed by pay slips or
documents of equivalent probative value (e.g. data from the project partner accounting
system which allows the proof of the payments for each single staff member may be
accepted)
The staff costs must be calculated individually for each staff member
A written assignment for each staff member clearly showing the percentage of time that
the employee works on the project (see audit trail for more details)
Other costs directly linked to salary payments (e.g. employment taxes or social security,
including health coverage and pension contributions) that are:
o
The following cost components are ineligible under this budget line:
36
Voluntary payments (e.g. payments not in line with the employment contract or the
employment policy of the partner or payments without any legal commitment) are not
eligible
Staff costs, per diems and any other travel and accommodation for employees not
officially assigned to the project are ineligible
Dividends
Overheads cannot be reported under this budget line (to be reported under the budget
line office and administration)
The following calculation method applies: the gross employment costs multiplied by the fixed
percentage of time worked on the project is eligible. As already highlighted, the percentage shall be
fixed in the written assignment of each staff member.
Audit trail
In order to ensure a proper audit trail the following documentation is required if the partner follows the
real costs principle:
Employment contract or any other equivalent legal agreement that allows the
identification of the employment relationship with the partners organisation
Official, written assignment of the employee to the project activities with information on
the main tasks to be performed and outputs to be delivered. In more details:
o
The percentage of assignment has to be fixed and must be in line with the
project related tasks, responsibilities and outputs defined for this employee.
This percentage remains applicable for the entire duration of the assignment. It
can only be changed in well justified cases (eg changes in the tasks and
responsibilities of the employee). In this case the employer must issue an
amendment to the assignment (see audit trail), setting out the changes in detail
37
The time allocation and description of tasks are reviewed on a regular basis (e.g.
annually on the occasion of the staff appraisal) and adjusted if needed (e.g. due
to changes in tasks and responsibilities)
Documents identifying the real salary costs (gross salary and employers social charges)
for the employee, such as pay slips or other accounting documents where the
employment costs are clearly detectable
The staff costs are calculated as a flat rate of 20% of the partners direct costs other than staff costs.
The eligible amount for staff costs is thus equal to 20% of the total eligible amount declared under
the following budget lines:
Equipment expenditure
When reporting staff costs using this option, the distribution of costs between work packages shall
reflect the distribution between work packages of the respective direct costs (e.g. costs for external
experts and equipment amount to 40% of work package 1 and 60% of work package 2; thus 40% of
staff costs shall be allocated to work package 1 and 60% to work package 2).
Audit trail
The advantage of this methodology is that the project partners do not need to provide any
justification or supporting documents to claim staff costs. Nor do they need to document that the
expenditure has been incurred or corresponds to reality. The auditor focuses on the correct
reporting of the other partners direct costs.
4.2.2
Office and administration expenditure covers operating and administrative expenses of partners.
They are limited to:
38
Office rent
Insurance and taxes related to the building where the staff is located and to the
equipment of the office (e.g. fire and theft insurances)
Archives
Security
Office and administration expenditure is covered by a flat rate of 15% of the reported staff costs.
The above list is exhaustive and all listed items are to be considered as covered by the flat rate and
cannot be reported under any other budget line. If no staff costs are foreseen and reported, no
office and administration costs can be charged.
Audit trail
No specific audit trail is necessary. Project partners do not need to document that the expenditure
has been incurred and paid. The auditor focuses on the correct reporting of the staff costs and
verifies that no expenditure related to the office and administrative budget line is included in any
other budget line.
4.2.3
This budget line covers travel and accommodation costs of employees of partners that relate to
project activities. They will be declared as real costs and shall be limited to the following items:
Travel (e.g. tickets, travel and car insurance, fuel, car mileage, toll and parking fees)
Meals
Accommodation
39
Visa
Daily allowances
These costs are borne by a partner (direct payment of costs by a staff member must be
supported by a proof of reimbursement from the employer) in line with its travel and
accommodation policy/rules
The choice of transport and accommodation should be led by effectiveness, costefficiency and eco-friendliness
Travel and accommodation costs of external experts and service providers are ineligible
under this budget line (to be reported under the budget line external expertise and
services in accordance with the respective contract)
Elements of travel costs covered by the daily allowance of the partner shall not be
reimbursed in addition to the daily allowance (e.g. the cost of a meal is not eligible if the
concerned staff member receives a daily allowance)
Public transport has priority over private or company cars and taxis
Cancellation costs or costs of any unused travel tickets or booking (due to cancelled
travels) are ineligible in any case
Costs of travel and accommodation related to activities outside of the European Union
are only eligible, if they have been included in the approved application form or
approved beforehand by the PS. In all cases, benefits of such activities to the project
must be demonstrated
Audit trail
In order to ensure a proper audit trail, the following documentation is required:
40
4.2.4
This budget line covers expenses related to professional services and expertise provided by external
service providers (other than the project partners) contracted to carry out certain activities linked to
the delivery of the project. These expenses will be declared as real costs and include:
Studies or surveys (e.g. evaluations, strategies, concept notes, design plans, handbooks)
Training
Translations
Financial management
Legal consultancy and notarial services, technical and financial expertise, other
consultancy and accountancy services
As legal basis, a written contract (or any document of equivalent probative value)
specifying the service to be delivered is necessary between the partner and the service
provider
The services or expertise are essential to the project and be carried out by the project
partners themselves
12
Any other costs related to the participation in external events such as accommodation, travel costs and daily allowances
41
Any expenses based on contracts concluded between project partners are ineligible; no
project partners shall be contracted as service providers by any other project partner (in
order to avoid any conflict of interest in the procurement of services and goods)
Contractual advances are eligible if they are in line with normal commercial law and
practice, stipulated in a written contract between the partner and the expert/service
provider, supported by receipted invoices and provided that the service/supply has been
delivered within the project eligibility period
The costs of services contracted by project partners for arranging the travel and
accommodation of their own staff members (e.g. travel agencies, etc.) must be claimed
under the budget line travel and accommodation
Promotional giveaways13 (e.g. project gadgets) are eligible provided that they relate to
projects communication activities. The cost of the single item must remain limited and
in any case below EUR 50
Costs related to UIA Experts (including their travel and accommodation) and auditors
will be covered by the UIA Initiative; therefore no budget should be foreseen
Audit trail
In order to ensure a proper audit trail the following documentation is required:
Evidence of the procurement process in line with applicable EU, UIA, national and
internal procurement rules
Written contract (or any document of equivalent probative value) laying down the
services to be provided with clear reference to the project. Any changes to the contract
must comply with the procurement rules and must be sufficiently documented
Invoice (or request for reimbursement) providing all relevant information in line with the
applicable accountancy rules
13
Proof of payment
Communication products as roll-ups and posters that are not produced to be given away or publications containing
information on the project and its results are not considered as giveaway promotional material and are thus not subject
to the above restrictions.
42
4.2.5
Equipment
This budget line covers equipment purchased, rented or leased by a partner, other than those
covered by the office and administration budget line, shall be reported. It also includes costs of
equipment already in possession by the partner organisation and used to carry out project activities.
Equipment is limited to the following items:
Office equipment
Laboratory equipment
Tools or devices
Vehicles
43
office and administration while any IT system developed for the project specifically can
be included under equipment)
The relevant public procurement rules must be respected and properly documented by
all partners that are subject to public procurement law
Costs of equipment which are purchased, rented or leased from another partner are not
eligible
Second-hand equipment is eligible if not originally acquired with the support of EU funds
and if its price does not exceed the generally accepted market price
Costs related to the site preparation, delivery or installation of the equipment are
eligible
Audit trail
In order to ensure a proper audit trail the following documentation is necessary:
Evidence that the procurement was done in line with the applicable procurement rules
Invoice providing all relevant information in line with the applicable accountancy rules
Proof of payment
Equipment necessary for the project implementation: applicable calculation scheme for
depreciation
Equipment considered as (part of) a project investment: contract laying down the
investment to be provided, with clear reference to the project
4.2.6
The Infrastructure and construction works budget line covers costs related to investments in
infrastructure that do not fall into the scope of other budget lines. This includes costs for:
14
Purchase/provision of land14
Site preparation
Limited to maximum 10% of the total project budget, for derelict sites and for those formerly in industrial use (e.g.
brownfields) which comprise buildings, that limit shall be increased to 15%. In exceptional and duly justified cases, the
limit may be raised above the respective aforementioned percentages for operations concerning environmental
conservation (Article 69(3)(b) CPR)
44
Delivery
Handling
Installation
Renovation
Infrastructure and construction works will be financed only if crucial for the achievement of the
project's outputs and results, and if they are inscribed in the investment work packages described in
the Application Form.
All costs are subject to applicable EU, UIA, national and internal procurement rules. The
partners in charge of the infrastructure and construction works are responsible for
ensuring that these rules are respected
The full cost of infrastructure and construction works can be reported under this budget
line insofar as it is fully justified as part of the projects activities (no depreciation will be
applied)
A project can also claim the provision of land and/or real estate in the form of in-kind
contribution (see section on contribution in kind)
Audit trail
In order to ensure a proper audit trail the following documentation is necessary:
Evidence of compliance with the applicable EU, UIA, national and internal procurement
rules
In the case of land and real estate purchase (or provision in the form of contribution in
kind), a certificate from an independent qualified evaluator or duly authorised official
body confirming that the cost is in line with the market value
In the case of land and real estate provided in the form of contribution in kind, evidence
of compliance with the applicable rules in the field of in-kind contribution
45
Documents specifying the ownership of land and/or real estate where the works are
carried out, as well as proof of commitment to establish and maintain an inventory of all
fixed assets acquired, built or improved under the ERDF grant
4.3
Ineligible expenditure
Interests on debts
Any costs incurred before the project start date and after the project end date as these
project phases are covered by lump sums
Communication material that is not in line with the UIA rules on communication
Tips
Fees between partners of the same project for services, supplies and work carried out
within the project
As the list of ineligible expenditure is not exhaustive, expenditure not listed should not be
necessarily considered as eligible.
4.4
Any expenditure must be incurred during the eligible period. Following the UIAs definition, each
project consists of 3 phases:
46
Closure
Preparation
Implementation
Knowledge transfer
lump sum
real costs
(i ncl . fl a t ra tes s ta ff a nd offi ce & a dm.)
lump sum
Project preparation: it comprises all activities related to the elaboration of the project application
and ends with the approval of the project by the UIA Initiative. For the preparation activities, UIA
grants a lump sum of EUR 20 000 total eligible costs (corresponding to maximum EUR 16 000 ERDF)
provided the project is approved. Consequently, costs incurred during the preparation phase can
never be claimed on a real costs basis (even if paid after the project approval). The lump sum is
granted to the Main Urban Authority who can share it amongst the project partners in proportion to
their involvement in the preparation of the project. No further documentation is necessary; i.e.
project partners do not need to document that the expenditure has been incurred and paid, or that
the lump sum corresponds to the reality.
Project implementation: the implementation starts with the project approval (project start date)
and lasts maximum 3 years until the approved project end date. All implementation related activities
must be completed by the end date. To be eligible, costs related to the project implementation must
be incurred between the project start date and the project end date. These costs must be invoiced
and paid at the latest during the project closure and in any case before the submission of the final
finance report to the PS.
Administrative closure and knowledge transfer: this phase covers all activities taking place after the
project end date:
Administrative closure: after the project end date, the project has 3 months to submit
the final progress report. During that period, only expenditure related to the project
closure is eligible. The expenditure must be incurred and paid prior to the submission of
the final progress report
Knowledge transfer: after the project end date, partners must draw the lessons learnt
and capture the main knowledge generated during the project implementation; it
47
culminates with the submission of the final qualitative report, one year maximum after
the project end date
Similarly to the preparation phase, this phase is covered by a lump sum. Following the successful
administrative closure of the project and the approval of the final qualitative report by the UIA
authorities EUR 15 000 total eligible costs (corresponding to a maximum of EUR 12 000 ERDF) are
granted to the Main Urban Authority which can share it amongst the project partners in proportion
to their involvement.
No further documentation is necessary; i.e. project partners do not need to document that the
expenditure has been incurred and paid, or that the lump sum corresponds to the reality.
It needs to be noted that all supporting documents (such as invoices, public procurement files,
contracts, etc.) shall be made available for a 4 year period from the date when the final ERDF
balance is paid to the project.
The documents shall be kept either in the form of the originals, or certified true copies
of the originals, or on commonly accepted data carriers including electronic versions of
original documents or documents existing in electronic version only
The documents shall be kept in a form which permits identification of data subjects for
no longer than is necessary for the purposes for which the data were collected or for
which they are further processed
Where documents exist in electronic form only, the computer systems used shall meet
accepted security standards that ensure that the documents held comply with national
legal requirements and can be relied on for audit purposes
48
4.5
4.5.1
Project Communication
Every executive and project manager would agree that effective communication has a positive
impact on their project successes. But recent research also acknowledged that ineffective
communication has a cost, contributing to the projects failure15. Communication is an integral part
of your project management, and a strategic project tool. It isnt just there for the sake of
communication, but rather actively contributes to your project objectives. It brings together all
members of your partnership around common goals, and will make your external target groups
change their behaviour in order to support and adopt your innovative solution.
Therefore, sufficient time and resources should be dedicated to the project communication from the
start. Each project is required to develop its own communication strategy, which is being checked
through in Work package Communication of the Application Form.
Consistency is a central element of a brand identity. For this reason and in order to save the project
costs, a common brand identity has been developed by the UIA Initiative. The project is required to
use an integrated Initiative and project logo (template provided by UIA).
In exceptional cases and when duly justified, projects may develop their own brand and identity for
the solution they develop. This would have to be justified in the Application Form.
Communication Strategy: it defines what you want to achieve, who you are talking to, what
message you want to display, and what strategic approach should be adopted accordingly. It
includes the following elements:
Objectives: your communication objectives must be goal-driven and help you deliver
specific project objectives. They should be clear, brief, and few.
15
Project Management Institute: The High cost of low Performance: the essential role of communications
49
Target Groups: well-defined key audiences will determine the success of your activities.
For instance, policy makers is not a well-defined target group. Policy makers dealing
with education, Public Transport Authority will be much more effective. Project
communication should also target citizens and the general public given that they are
sufficiently specified as well. Communication shall be undertaken in the local language.
Activities: what is the best way to reach each given target group? It can be a brochure, a
conference, an on-site visit, a newsletter... The activities planned must be consistent
with your project activities.
Budget: the budget for communication activities needs to be planned in the application
phase. If the project chooses to contract external experts, it should be reflected in the
External Expertise and services budget line.
Updated project webpage on the UIA website: In order to ensure accessibility, durability and
consistency of the information, and to save costs for the project, each UIA project will have its own
dedicated page on the UIA website. The project page will include a pre-filled information field
completed by the PS, and dynamic information to be filled in manually by projects. It is the
responsibility of the project to update this page at least once a month with the latest news. This
webpage is the opportunity to showcase your project to a wider audience: information should be
lively, legible, and in English.
Good examples of news could be: kick-off event, meetings with the local partnership,
relevant milestones (first version being tested by a sample of users...), on-site visit by
external stakeholders and politicians, UIA on-site visit, good quality photos, article from
local press mentioning your project, project publications... Technical and working
documents should be avoided.
If the project wishes to develop its own website, it will have to be approved by the PS during the
assessment of the project.
50
Communication start-up activity: it can be a kick-off event, bringing together your local partnership,
local politicians, elected members and the PS staff, or any other activities relevant to launch your
project.
Publications: printed or web publications must make clear reference to ERDF and UIA
funding.
Digital activities (web and social medias): UIA is present on social media (Twitter,
Linkedin, FlickR, Youtube) and projects are welcome to create their account.
Promotional materials: UIA has a strict approach regarding project giveaways. Only
communication material showing relevance to reach one of the defined target groups
and objectives may be produced. They require prior approval of the Secretariat and shall
not exceed EUR 50 per gift.
Media relations: UIA encourages projects to produce a press kit, with press releases, photos, fact
sheets, identify key media at the different levels and regularly inform them.
Final dissemination activity: it can be an event (e.g. an inauguration event with officials and the
press), an exhibition, a publication, or any activity relevant for the project. The aim is to showcase
what has been achieved and your results. If an event, representatives of the PS should be invited as
speaker.
Third-party events: it is highly recommended to network and talk about your project at events
dealing with your issue at local, national and European level.
Projects are co-financed by public funds and must consequently acknowledge their funding source.
Annex XII, section 2.2 CPR lays down project partners obligations regarding information and
communication measures for the public:
51
Display of the EU emblem and reference to the ERDF on all information and
communication provided by the project. This also implies displaying the EU flag at events
organised by the project. Make sure to insert the following sentence on each
communication material: This project is co-financed by the European Regional and
Development Fund through the Urban Innovative Actions Initiative.
A project poster: within 6 months after the approval of the project, at least one poster
with information about the project (minimum size A3), including the financial support
from the ERDF, at a location readily visible to the public.
Branding for infrastructure and construction sites: for all projects with a public
contribution of more than EUR 500 000 (i.e. funds from UIA or any other public sources),
a temporary billboard of significant size has to be placed, and be replaced by a
permanent plaque 3 months after completion of works.
Projects have to provide information on the project on their institutional website (where
such website exists). They should provide a short description of the project, its aim and
result, and highlight the ERDF support.
Please note that non-compliance with the above rules will lead to the withholding of payment.
4.5.2
All financial budgeting, reporting and project follow-up will be in euro. This includes that
expenditure must be reported to the PS in euro and all ERDF payments will be made in euro.
Partners located outside the euro zone will have to convert their expenditure from their national
currency into euro. They will have to use the exchange rate of the Commission applicable in the
month the documents are submitted for verification to the auditor.
52
Partner located
Outside the euro
zone
Expenditure
incurred in
euro
Note that the exchange rate must only be applied for the
Other currency
For partners located inside the Euro zone and incurring expenditure in another currency, internal
rules apply.
Partner located
Expenditure
euro
other currency
4.5.3
incurred in
Revenues
Revenues are defined as cash in-flows directly paid by users for goods or services provided by a
project, such as charges borne directly by users for the use of infrastructure, sale or rent of buildings,
payment for services, fees for a project event.
Net revenues are revenues as defined above less any operating and replacement costs for short-life
equipment incurred during the corresponding period.
http://ec.europa.eu/budget/contracts_grants/info_contracts/inforeuro/inforeuro_en.cfm
53
At the project application stage: the eligible expenditure will be reduced in advance to
take into account the potential of the project to generate net revenues over a specific
period covering both the implementation of the project and the period after its
completion. If known beforehand, the amount of net revenues should be specified in the
Application Form, in the net revenues budget line. Net revenues will be deducted from
total eligible expenditure and will consequently decrease the ERDF contribution. If the
net revenues are only partially generated due to the eligible expenditure they should be
reported on a pro-rata basis
At the project implementation stage: all revenues (including revenues that are not
foreseen at the application stage) generated during the projects implementation stage
must be reported in the project progress reports before the closure of the project.
Project partners are responsible for keeping proper accounts of all the revenues and for
keeping these available (e.g. for control purposes)
After the completion of the project: if revenues are expected to be generated after the
projects end date (e.g. to ensure durability of the results), it must be estimated and
deducted from the budget at the application stage. Where it is objectively not possible
to estimate revenues in advance, the project should contact the PS to get further
guidance
4.5.4
Contribution in kind
Contributions in kind in the form of provision of goods, services, land and real estate for which no
cash payment supported by invoices, or documents of equivalent probative value, has been made,
may be eligible provided specific conditions are met:
The public support paid to the operation which includes contributions in kind does not
exceed the total eligible expenditure, excluding contributions in kind, at the end of the
operation
The value attributed to contributions in kind does not exceed the costs generally
accepted on the market in question
The value and the delivery of the contribution can be independently assessed and
verified
54
In the case of provision of land or real estate, a cash payment, for the purposes of a
lease agreement of a nominal amount per annum not exceeding a single unit of the
currency of the Member State, may be made
Contributions in kind are eligible only if they are included in the approved application form; if they
comply with the applicable EU rules and if they do not contravene national rules. In-kind
contributions in the form of equipment can be deemed eligible insofar as the item of equipment was
not previously paid for or co-financed by EU funds.
The value of in-kind contribution in the forms of equipment, land and real estate must be in line with
the current open market value and must be certified by an independent qualified expert or duly
authorised official body.
In-kind contribution in the form of unpaid voluntary work is not eligible in UIA.
4.5.5
Budget flexibility
Projects are allowed to overspend by a maximum of 20% of the individual project budget lines
without the prior approval of the PS. The overall ERDF funding cannot be exceeded. Increases of
more than 20% on individual project budget lines must be submitted and duly justified to the
Secretariat.
Partner budget lines are not monitored as such, partners can over or underspend their budget
and/or budget lines provided that all their activities are implemented and that budget lines at
project level stay within the 20% flexibility described above.
4.5.6
Ownership of outputs and results having the character of investments in infrastructure or productive
investments realised within the project must remain with the concerned project partners for at least
5 years following the final payment to the Urban Authority. Furthermore, and as a guiding principle
of serving the general interest with the ERDF public funding, project outputs (e.g. processes leading
to new products or services, studies, policy recommendations, good practice guides) are expected to
be freely available for the public. In exceptional cases, partnerships might have good reasons to
55
protect their project outputs and results. These cases must be examined by the assessment process
before approval of the project and should therefore be mentioned in the risks section of the
Application Form. Projects partners should make use of the Partnership Agreement to make the
necessary provisions for questions on ownership and Intellectual Property Rights.
The occurrence of any of the following situations would result in a violation of rules concerning
durability:
Change in the ownership of an infrastructure item which gives a firm or a public body an
undue advantage
Should any of the above conditions not be met within 5 years of the final payment to the project,
the UIA PS must be immediately informed by the concerned Urban Authority.
4.5.7
Public procurement
Project partners which fulfil the definition of a contracting authority according to the relevant
national procurement legislation have to respect the public procurement rules. These rules aim at
ensuring that the purchase of services, goods and works follows transparent procedures and that
fair conditions of competition for suppliers are provided. UIA projects must obey the applicable
public procurement rules. Thus, any purchase of goods, services or public works for the
implementation of the UIA Initiative or a project has to be carried out in line with the relevant public
procurement rules. Public procurement law is a complex matter and many findings during financial
controls in ESI-financed projects are related to procurement errors.
The European Union has set up minimum requirements for public procurement. They vary
depending on the nature of purchases and the relevant sector in which purchases are made (specific
rules are set e.g. for supply, works or service contracts or for purchases in the water, energy and
other similar sectors). Considering the nature of the activities performed in UIA projects, the main
56
reference document on EU public procurement rules is the directive on public contracts for the
acquisition of services, supplies and works, i.e.:
Directive 2014/24/EU which EU Member States have to transpose into their national law
until April 2016
The procurement directive applies to purchases whose estimated value (VAT excluded) is equal to or
above certain thresholds:
Type of contractor
Nature of procurement
Central Government
Sub-central contracting
Estimated value
EUR 134 000
EUR 5 186 000
EUR 207 000
EUR 5 186 000
The EU rules set the general framework for the awarding of public contracts. They have to be
transposed into national law. Depending on the national legal system, procurement law is made on
national, regional or local level.
It should be noted that even below these thresholds, the fundamental principles of public
procurement still apply: transparency, effective competition, non-discrimination and equal
treatment.
In addition, procurement law is further developed through the jurisprudence of the European Court
of Justice and the internal rules of the partners (e.g. stricter procurement procedures or lower
thresholds). In any case, the strictest of the applicable procurement rules applies. Therefore it is
important that project partners are well aware of the public procurement rules which are applicable
to them and act accordingly. In case of doubts, partners should contact their auditor or seek legal
advice (e.g. legal department of the project partner, external procurement experts).
Public procurement rules foresee different kinds of procurement procedures. In general it can be
stated that the higher the value of a contract to be awarded, the stricter the procurement rules that
57
have to be complied with (e.g. regarding the prior publication of a call for tenders or the possibility
to invite a limited number of suppliers based on a market analyses).
The adherence to public procurement procedures has to be well documented. Documents such as
public procurement notes, evaluation process, terms of reference, offers, order forms and contracts
have to be available for financial control and audit purposes. Thus, even where national public
procurement rules allow for direct contracting for small contract values, the selection procedure has
to be documented (e.g. proof of market researches, documents tracing the selection of an operator
and the awarding of a contract) and the observance of the principles of economic and efficient use
of funds have to be proved.
It is recommended that, even where direct awarding is allowed, project partners still request offers
from different providers or provide evidence of adequate market search before selecting one
provider, in order to ensure an adequate level of transparency and of economical use of public
funds.
In-house contracting: public procurement rules foresee very limited and well defined exceptions.
One of these concerns the so called in-house contracting. These are contractual relationships
established between an authority willing to purchase services/goods/works and a provider (legal
person governed by private or public law) which is under the control of this authority (administrative
control, control in terms of the activities performed and financial control). These contracts fall
outside the scope of public procurement17 if all of the following conditions are fulfilled:
The contracting authority exercises over the provider a control which is similar to the
control exercised over its own departments
More than 80% of the activities of this provider are carried out in the performance of
tasks entrusted by the controlling contracting authority (or by other legal persons
controlled by that contracting authority)
No direct private capital participation in the controlled provider is given. The only
possible exceptions to this rule are forms of private capital participation that are
required by national legislative provisions, in conformity with the EU Treaties, and which
do not exert a decisive influence on the controlled provider
17
58
This control may be exercised directly by a single contracting authority or jointly with other
contracting authorities. Before recurring to any exemption to public procurement rules, project
partners should assess carefully whether the contractual relationships they intend to enter actually
fulfil the stringent conditions set by public procurement rules.
Market research: project partners which do not fulfil the definition of a contracting authority
according to the relevant national procurement legislation (such as private companies or private
associations) are normally not subject to public procurement law. However, UIA projects are cofinanced with public funds and these funds shall be used in compliance with the principles of
efficiency, economy and effectiveness. They must ensure adequate market research by asking for at
least 3 comparative offers, internet researches for contracts with a value higher than EUR 5 000
excluding VAT. In case the partner must comply with other stricter rules (e.g. internal rules), these
stricter rules apply.
The most common procurement errors found in ESI funded projects are:
Insufficient publication of procurement procedure (e.g. direct award without any prior
notification, notification only on national or regional instead of EU level)
Project partners are therefore asked to pay special attention to avoid similar errors.
59
For each project partner, the auditor checks inter alia if the applicable procurement rules have been
respected. Therefore, partners have to ensure that any procurement procedure is orderly carried
out and documented. Project partners risk losing ERDF financing if they cannot provide documentary
proof of compliance with European, national, local and their own internal public procurement rules
or with the UIA rules on procurement mentioned above. If a procurement error is detected, the
Commission Decision 9527/2013 on guidelines for determining financial corrections to be made for
non-compliance with public procurement rules will be considered for the possible corrections. If
non-observance of the UIA rules for purchases by private partners is detected, a financial correction
will apply of 10% of the value of the contract that is reported to UIA.
An overview on the applicable EU public procurement rules, including aspects such as green public
procurement, is available on the dedicated website of the Commission18.
4.5.8
State aid
The following documentation represents the legal basis to be taken into account as far as State aid is
concerned:
The Treaty on the functioning of the European Union (Articles 106(2), 107 and 108)
Regulation (EU) No 1407/2013 on the application of Articles 107 and 108 of the Treaty
on the Functioning of the European Union to de minimis aid
Analytical grids to clarify State aid rules applicable to public funding of infrastructure
projects19
18
http://ec.europa.eu/growth/single-market/public-procurement/index_en.htm
19
http://ec.europa.eu/competition/state_aid/studies_reports/state_aid_grids_2015_en.pdf
60
According to Article 107 of the Treaty, the European Union defines State aid as covering any
measure involving a transfer of state resources which distorts competition (or threatens to) by
favouring certain undertakings (entities offering goods and services on the market) as so far as it
affects trade between Member States.
State aid is also defined as an advantage in any form whatsoever conferred on a selective basis to
undertakings by national public authorities.
However, some of the projects financed under the UIA Initiative may involve economic activities i.e.
offering goods or services on the market. In so far as this is the case, then the ERDF funding for the
Initiative must be consistent with State aid rules. As regards the cofinancing of UIA projects in so
far as public funding is involved, this will be subject to State aid rules. The text below concerns only
the national public funding that qualifies as State aid (not the ERDF).
At the time of project submission, the Urban Authority will need to confirm the project complies
with State aid rules. State aid compliance will be assessed on the basis of the activities to be
undertaken by project partners as described in the submitted Application Forms. In the case State
aid is identified, projects should take into account that restrictions may be applied.
During project assessment, there will be checks to detect the presence of State aid. In order for the
national public co-financing part to be considered State aid, the answer must be yes to all 5 points
mentioned below:
20
http://ec.europa.eu/competition/state_aid/legislation/legislation.html
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1.
2.
Selectivity: State aid is selective and thus affects the balance between certain
companies/market operators and their competitors. Selectivity is what differentiates State
aid from the so called general measures, namely measures which apply without distinction
to all enterprises, in all economic sectors, in a Member State (such as most nation-wide fiscal
measures). Measures are selective if they apply only, or more advantageously, to some
specific undertakings (or to some sectors, or to some regions) and not to all operators on the
market.
3.
Transfer of state resources: State resources must be considered in the wide sense of any
public resources. This includes EU (if under the control of the Member State authorities),
national, regional or local public funds. It also includes those cases where public resources
are granted by a private or public intermediate body on behalf of a public authority (for
instance a private bank that is given the responsibility of managing a State funded aid
scheme). State aid may take different forms: it is not limited to grants but it also includes
interest rate rebates, loan guarantees, accelerated depreciation allowances, capital
injections, tax breaks etc.
4.
Advantage: The measure must confer a benefit or advantage to an undertaking that would
not have arisen in the normal course of business. Such an economic advantage can be
assumed if the undertaking does not apply any market-driven consideration (e.g. it promises
to create jobs in return for State funds received or it buys land from the State for a price
lower than the market price). No such advantage is to be assumed if a private investor would
have acted in the same way as the State when granting an advantage (e.g. a region
participates in a company under the same conditions as a private investor would do).
5. Effect on competition and trade: The aid given must distort or threaten to distort
competition. Here again, the interpretation is very broad as it is sufficient that the goods or
services are subject to trade for this criterion to be met. Where the financed project is of a
purely local nature with an insignificant number of users from other Member States and not
62
likely to attract foreign investment, the support may not constitute State aid due to the
absence of effect on trade. In any event, support granted under the de minimis Regulation is
not regarded as State aid, if no more than EUR 200 000 is granted to a single undertaking
over a period of 3 years and the other conditions of the Regulation are also respected.
For the national public co-financing under the UIA, some points of the list are always satisfied, or
almost always, such as the transfer of state resources, the selectivity and the potential distortion of
competition in case there is an advantage.
Checking the presence of State aid shall then be limited to the 2 following questions and will be part
of a State aid risk assessment.
If the answers to these questions are all YES, then the measure could involve State aid. Depending
on the nature of the issue, the project may be rejected, otherwise the UIA Initiative could explore
any/all of the below options according to a projects individual situation.
Eliminate State aid by offering national public contribution on market-conform terms
Eliminate State aid by meeting the De minimis requirements (up to EUR 200 000 per
undertaking over 3 years)
Provide compatible State aid by comply with General Block Exemption Regulation
Provide compatible State aid. The implementation of the project is entrusted as a service of
general economic interest (SGEI): definition and entrustment of an SGEI, parameters of
compensation established ex ante in a transparent manner, amount of compensation not
63
exceeding the costs for the provision of the SGEI and a reasonable profit, and claw back
mechanism ensuring the absence of overcompensation
Informal contact with the European Commission (DG Competition) and official notification21
Take a risk and proceed anyway
The State aid compliance of the national public contribution to the project is the responsibility of the
Member State.
5. Reference Documents
21
http://ec.europa.eu/competition/contacts/stateaid_mail.html
64
Regulation (EU) No 1407/2013 - application of Articles 107 and 108 of the Treaty on the
Functioning of the European Union to de minimis aid: http://eur-lex.europa.eu/legalcontent/EN/TXT/?qid=1448542697465&uri=CELEX:32013R1407
65
ANNEX 1: Glossary
Terms
Activity
Definition
Specific task performed for which resources are used. It's a work package
component which shall result in a deliverable or an output.
Admissibility check
Checks carried out to ensure that all applications received in the framework
of the calls for proposals are complete in terms of required information and
documentation.
Application pack
All documents related to a Call for Proposal. In the framework of UIA this
includes the Terms of Reference for the Call, Application Form and the
Confirmation Sheet and guidance.
Association (or
grouping) of Urban
Authorities
Associated Urban
Authority (AUA)
Urban Authority involved in a UIA project along with a Main Urban Authority
in the framework of an association/grouping of urban authorities without a
legal status of organised agglomeration. An Associated Urban Authority is not
the main responsible organisation or the overall project implementation (the
overall responsibility stays with the Main Urban Authority) but is responsible
for the implementation of specific activities and the production of the related
deliverables/outputs. It has a share of the budget and reports the costs
incurred for the delivery of the activities.
Audit report
Audit trail
An adequate audit trail ensures that the accounting records maintained and
the supporting documents held at the level of the project partners and at
Initiative level are adequate to trace expenditures.
Auditor
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Beneficiary
Capitalisation
City
Local administrative unit (LAU) where the majority of the population lives in
an urban centre of at least 50 000 inhabitants. Definition provided by
Eurostat (http://ec.europa.eu/eurostat/statisticsexplained/index.php/Glossary:City).
Confirmation sheet
Contribution
Contribution in-kind
Contributions in the form of provision of goods, services, land and real estate
for which no cash payment supported by invoices or documents of equivalent
probative value has been made.
Control
Costs incurred
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Delegated Act
Delegation Agreement Agreement signed between the Commission and the Entrusted Entity
defining the entrusted tasks, the rules applicable to their implementation and
the rights and obligations of the parties in their implementation.
Deliverable
Any organisation different from Urban Authorities, which has a direct role in
the design and implementation of the project. It is responsible for the
delivery of specific activities and the production of related
deliverables/outputs. A delivery partner has a share of the budget and
reports the costs incurred for the delivery of the activities.
Direct costs
Direct costs are costs that can be attributed directly to the project. They are
directly related to an individual activity of the partner organisation, where
the link with this individual activity can be demonstrated.
Electronic Exchange
Platform (EEP)
Eligibility check
Eligibility period
Eligible
expenditure/costs
All expenditure that is compliant with EU, UIA, national and partner
organisation rules, and thus is eligible for ERDF co-financing. In the Progress
Report, the total eligible expenditure is calculated based on the total
expenditure, excluding revenue generated by the project.
Entrusted Entity
ERDF
ERDF Co-financing
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Flat rate
One of the simplified cost options. Specific categories of eligible costs which
are clearly identified in advance are calculated by applying a percentage fixed
ex-ante to one or several other categories of eligible costs. Flat rates involve
approximations of costs and are defined based on fair, equitable and
verifiable calculation methods, or they are established by specific regulations.
Indirect costs
Indirect costs are costs that cannot be assigned in full to the project, as they
link to various activities of the partner organisation. As such costs cannot be
connected directly to an individual activity, it is difficult to determine
precisely the amount attributable to this activity (for instance, telephone,
water, electricity expenses, etc.).
Initiative
Integrated sustainable The various dimensions of urban life environmental, economic, social and
urban development
cultural are interwoven and success in urban development can only be
achieved through an integrated approach. Measures concerning physical
urban renewal must be combined with measures promoting education,
economic development, social inclusion and environmental protection. In
addition, the development of strong partnerships between local citizens, civil
society, the local economy and the various levels of government is a prerequisite.
Investment
Legal Representative
Local Administrative
Unit (LAU)
Lump sum
It is a single sum of money paid to the project upon completion of predefined terms of agreement on activities and/or outputs. Lump sums involve
approximations of costs established based on fair, equitable and verifiable
calculation methods. It is one of the simplified cost options.
Main Urban Authority Urban Authority involved in an UIA project along with Associated Urban
(MUA)
Authority(ies) in the framework of an association/grouping of urban
authorities without a legal status of organised agglomeration. It has to be
designated by the Urban Authorities involved in the association/grouping.
The Main Urban Authority is the main responsible for the overall project
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NUTS (code)
Operational
assessment
Organised
agglomeration
Output
Panel of External
Experts
Partnership
agreement (PA)
Contract signed between all the project partners containing all duties and
responsibilities of each project partner before, during and after the project
implementation.
Result
The change in the local situation the project is aiming for as direct
consequence of the project implementation.
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Reporting period
A designated period of time during the project lifetime; activities carried out
and expenditure incurred and paid (unless simplified cost options apply)
during a reporting period are presented in a progress report, and are subject
to ERDF co-financing.
Revenue
Cash in-flows directly paid by users for the goods or services provided by the
project, such as charges borne directly by users for the use of infrastructure,
sale or rent of land or buildings, or payments for services. Net revenue is
defined as the revenue less any operating costs and replacement costs of
short-life equipment incurred during the corresponding period.
Risk management
Selection criteria
Set of criteria against for which Application Forms are assessed in the
framework of UIA including Eligibility, Admissibility, Strategic and
Operational.
Simplified cost
options
Stakeholder
State aid
Strategic assessment
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UIA Experts
Undertaking
Work Package
Work Plan
72