Artikelen bij COM(2025)549 - Erasmus+ programme for the period 2028-2034 - Hoofdinhoud
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| dossier | COM(2025)549 - Erasmus+ programme for the period 2028-2034. |
|---|---|
| document | COM(2025)549  |
| datum | 16 juli 2025 |
CHAPTER I
GENERAL PROVISIONS
Inhoudsopgave
- Article 1 - Subject matter
- Article 2 - Definitions
- Article 4 - Learning mobility and volunteering opportunities
- Article 5 - Talent and excellence development opportunities
- Article 6 - Cooperation among organisations and institutions
- Article 7 - Support to policy development
- Article 8 - Support measures for inclusion and diversity
- Article 9 - Budget
- Article 10 - Additional resources
- Article 11 - Alternative, combined and cumulative funding
- Article 12 - Implementation and forms of Union funding
- Article 13 - Third countries associated to the Programme
- Article 14 - Eligibility
- Article 15 - Work programme
- Article 16 - Information, communication and dissemination
- Article 17 - Arrangements for indirect management at national level
- Article 18 - National authority
- Article 19 - National agency
- Article 20 - European Commission
- Article 21 - Independent audit body
- Article 22 - Principles of the control system
- Article 23 - Repeal
- Article 24 - Transitional provisions
- Article 25 - Entry into force and application
Article 1 - Subject matter
Article 2 - Definitions
(1) ‘adult learner’ means a person who has left or finished initial education and training and engages in formal, non-formal or informal learning, including NEET;
(2) ‘adult learning’ means any form of formal, non-formal or informal learning for adults, encompassing opportunities for skills development, upskilling and reskilling for competitiveness, enhancing social cohesion and supporting active participation in society;
(3) ‘grassroots sport’ means physical leisure activities practiced regularly at non-professional level by people of all ages for health, educational or social purposes;
(4) ‘higher education institution’ means an institution which, in accordance with regional, national, or international law or practice, offers quality assured degrees or other recognised tertiary level qualifications, regardless of what such an establishment is called, or a comparable institution at tertiary level which is considered by the national/regional authorities or the European Commission as eligible to participate in the Programme in the respective territories;
(5) ‘higher education student’ means a person enrolled at a higher education institution, including at short-cycle, bachelor’s, master’s or doctoral level or equivalent or a person who recently completed a degree from such an institution;
(6) ‘European Voluntary Humanitarian Aid Corps’ refers to volunteering activities that support post-crisis long-term humanitarian aid and development cooperation operations in third countries not associated to the Programme, that are intended to provide needs-based assistance aimed at preventing and alleviating human suffering, and maintaining durable human dignity in the face of crises, and that include actions that aim to reinforce disaster preparedness and disaster risk reduction, link relief, rehabilitation and development and contribute towards strengthening the resilience and capacity of vulnerable or disaster-affected communities to cope with and recover from crises;
(7) ‘informal learning’ means learning resulting from daily activities and experiences which is not organised or structured in terms of objectives, time or learning support; it may be unintentional from the learner’s perspective;
(8) ‘joint study programme’ means a programme coordinated and offered jointly by different higher education institutions from two or more countries and leading to the award of a joint degree;
(9) ‘lifelong learning’ means learning in all its forms, whether formal, non-formal or informal, taking place at all stages in life and resulting in an improvement or update in knowledge, skills, competences and attitudes, including through micro credentials or participation in society from a personal, civic, cultural, social or employment-related perspective, such as the provision of counselling and guidance services; it includes early childhood education and care, general education, vocational education and training, higher education, adult learning, youth work and other learning settings outside formal education and training and it typically promotes cross-sectoral cooperation and flexible learning pathways;
(10) ‘learning mobility’ means moving physically to a country other than the country of residence, in order to undertake study, training, teaching, or non-formal or informal learning;
(11) ‘non-formal learning’ means learning which takes place outside formal education and training through planned activities in terms of learning objectives and learning time and where some form of learning support is present;
(12) ‘people with fewer opportunities’ means people who, for economic, social, cultural, geographical or health reasons or due to their migrant background, or for reasons such as disability or educational difficulties or for any other reason, including a reason that could constitute discrimination under Article 21 of the Charter of Fundamental Rights of the European Union, face obstacles that prevent them from having effective access to opportunities under the Programme;
(13) ‘school pupil’ means a person enrolled in a learning capacity at an institution providing general education at any level from early childhood education and care to upper secondary education or a person schooled outside an institutional setting considered by the competent authorities as eligible to participate in the Programme as a school pupil in their respective territories;
(14) ‘staff’ means a person who, on either a professional or a voluntary basis, is involved in education, training or non-formal and informal learning at all levels, including sport; it includes academic staff, teachers, trainers, school leaders, youth workers, sport staff, early childhood education and care staff, non-educational staff and other practitioners involved on a regular basis in promoting learning;
(15) ‘third country’ means a country that is not an EU Member State;
(16) ‘vocational education and training learner’ means a person enrolled in an initial or continuous vocational education and training programme at any level from secondary to post-secondary level or a person who has recently graduated or obtained a qualification from such a programme;
(17) ‘volunteering’ means an unpaid activity that addresses societal or humanitarian challenges and has a strong learning component;
(18) ‘young people’ in the field of youth means individuals aged between 13 and 30;
(19) ‘youth worker’ means a person who, on either a professional or a voluntary basis, is involved in non-formal learning and supports young people in their personal socio-educational and professional development and the development of their competences; it includes persons who plan, steer, coordinate and implement activities in the field of youth.
Article 3
Programme objectives
1. The general objective of the Programme is to contribute to a resilient, competitive, and cohesive Europe by promoting high quality lifelong learning, enhancing skills and competences for life and for jobs for all, while fostering Union values, democratic and societal participation, solidarity, social inclusion and equal opportunities, in the EU and beyond. The Programme shall be a key instrument for building the Union of Skills, developing the European Education Area and supporting the implementation of European strategic cooperation in the fields of education and training, including its underlying sectoral agendas.
The Programme will advance youth policy cooperation and further develop the European dimension in sport. The objective is to foster a more inclusive, united, and robust Europe by empowering young people, strengthening community ties, and promoting solidarity through meaningful engagement and cooperation. Sport plays a vital role as a driver for social inclusion, health, education, and community development. By investing in youth, volunteering, and sport, the Programme aims to build stronger, more connected societies, encourage civic and democratic engagement, and contribute to social cohesion at all levels.
2. The Programme has the following specific objectives:
(a)support the improvement of education, skills and competences with particular regard to their relevance for the labour market as well as to the professional development and personal growth of the individual and to their contribution to a competitive, sustainable and cohesive society;
(b)foster a sense of European identity and active citizenship, enhance solidarity and active participation in society and democracy, inducing a positive societal impact, greater resilience and better preparedness to anticipate, prevent and respond to risks of different nature;
(c)foster quality, inclusion, equity, sustainability, creativity, innovation, excellence and cross-border collaboration, strengthening Europe’s attractiveness and competitiveness globally, across all fields of education and training, youth and sport;
(d)engage and empower young people to acquire and develop professional and personal competences, to participate actively in society and democracy and connect them to the European project;
(e)support policy development, including for circulation of skills, accelerating reforms and modernisation at systems' level, across all fields of education and training, youth and sport, ensuring that they are more effective, resilient and inclusive;
(f)provide young people with easily accessible opportunities for engagement in solidarity and humanitarian activities that induce positive societal changes in the Union and beyond (the latter through setting up the European Voluntary Humanitarian Aid Corps), while improving and properly validating their competences, as well as facilitating their continuous engagement as active citizens;
(g)promote the European Sport Model by investing in grassroots sport, especially voluntary activities, ensuring accessibility, promoting participation, protecting integrity, supporting good governance, and reinforcing sport’s social, educational, and community role, through actions that focus on building a fair, inclusive, and sustainable sport system across Europe.
3. The Programme objectives shall be pursued through the following pillars, which mainly have either a transnational or an international character:
(a)Learning opportunities for all;
(b)Capacity building support.
CHAPTER II
SCOPE OF INTERVENTION
Section 1
Learning opportunities for all
Article 4 - Learning mobility and volunteering opportunities
(a)Learning mobility of higher education students and staff;
(b)Learning mobility of vocational education and training learners and staff;
(c)Learning mobility of school pupils and staff, including staff in early childhood education and care;
(d)Learning mobility of adult learners and staff in adult learning.
2.In the field of youth, the Programme shall support:
(a)Learning mobility of young people, including DiscoverEU, activities supporting youth participation and learning mobility of youth workers;
(b)‘European Solidarity Corps’ volunteering, including the European Voluntary Humanitarian Aid Corps.
3.In the field of sport, the Programme shall support learning mobility of athletes and people active in grassroots sport and learning mobility of sport staff.
4.Learning mobility under this Article may be accompanied by:
(a)support to teaching and learning about the EU, including European integration, values and citizenship;
(b)measures such as language support, preparatory visits, training and virtual cooperation.
Article 5 - Talent and excellence development opportunities
(a)Erasmus+ scholarships in strategic educational fields, including in joint study programmes;
(b)Erasmus Mundus scholarships;
(c)Jean Monnet actions in the field of higher education;
(d)Support to the following Jean Monnet institutions pursuing an aim of European interest: the European University Institute, Florence, including its School of Transnational Governance; the College of Europe (Bruges, including its subsidiary in Tirana, and Natolin campuses); the European Institute of Public Administration, Maastricht; the Academy of European Law, Trier; the European Agency for Special Needs and Inclusive Education, Odense; and the International Centre for European Training, Nice.
Section 2
Capacity building support
Article 6 - Cooperation among organisations and institutions
(a)Partnerships for cooperation, including small-scale partnerships to foster wider and more inclusive access to the Programme;
(b)Partnerships for excellence and innovation, building on the European Universities Alliances, Centres of Vocational Excellence, European Teacher Academies, European School Alliances, Joint study programmes, European Youth Together and Sport Collaborative Alliances.
Article 7 - Support to policy development
(a)Experimentation, preparation and implementation of the Union’s policy agendas and tools covering skills, education and training, youth and sport 55 ;
(b)Programme implementation including synergies with, and support to other Union policies and programmes, online platforms, tools for virtual cooperation and tools to facilitate learning mobility;
(c)Dissemination and communication.
CHAPTER III
INCLUSION AND DIVERSITY
Article 8 - Support measures for inclusion and diversity
2.The Commission, Member States and third countries associated to the Programme shall take effective measures to promote inclusion, diversity and fairness, solidarity, and equal opportunities, in particular to ensure participation of people with fewer opportunities in the Programme.
3.The Commission shall support access to the Programme from an early age and independent of socio-economic background. To achieve that, it shall ensure the provision of measures to facilitate the participation of people with fewer opportunities, including financial support mechanisms, where relevant.
4.The Commission may adjust or may authorise the national agencies referred to in Article 19 to adjust, on the basis of objective criteria, the financial support mechanisms to improve access to people with fewer opportunities.
5.The costs of measures to facilitate or support the participation of people with fewer opportunities shall not justify the rejection of an application under the Programme.
6.The national agencies referred to in Article 19 shall develop or update where relevant, national inclusion and diversity action plans, based on the framework, and with particular attention to the specific challenges to access the programme within the national contexts. The national inclusion and diversity plans shall form an integral part of the national agencies’ planning documents as referred to in Article 19(2).
7.The Commission shall monitor on a regular basis the implementation of the inclusion and diversity measures, including the national inclusion and diversity plans.
CHAPTER IV
FINANCIAL PROVISIONS
Article 9 - Budget
2.In addition to the amounts set out in paragraph 1 of this Article, and in order to promote the international dimension of the Programme, an additional financial contribution shall be made available from Regulation (EU) [XXX]* of the European Parliament and of the Council [Global Europe]to support actions implemented and managed in accordance with this Regulation. Such contribution shall be in line with a single programming document drawn up under Regulation (EU) XXX[Global Europe].
3.Appropriations may be entered in the Union budget beyond 2034 to cover the expenses necessary and to enable the management of actions not completed by the end of the Programme.
4.The financial envelope referred to in paragraph 1 and 2 of this Article and the amounts of additional resources referred to in Article 10 may also be used for technical and administrative assistance for the implementation of the Programme, such as preparatory, monitoring, control, audit and evaluation activities, specific and corporate information technology systems and platforms, information and communication activities, including corporate communication on the political priorities of the Union, and all other technical and administrative assistance or staff-related expenses incurred by the Commission for the management of the Programme.
Article 10 - Additional resources
2. Resources allocated to Member States under shared management may, at their request, be made available to the Programme. The Commission shall implement those resources directly or indirectly in accordance with Article 62(1), point (a) or (c) of Regulation (EU, Euratom) 2024/2509. They shall be additional to the amount referred to in Article 9(1). Those resources shall be used for the benefit of the Member State concerned. Where the Commission has not entered into a legal commitment under direct or indirect management for additional amounts thus made available to the Programme, the corresponding uncommitted amounts may, at the request of the Member State concerned, be transferred back to one or more respective source programmes or their successors.
Article 11 - Alternative, combined and cumulative funding
2. Award procedures under the Programme may be jointly conducted under direct or indirect management with Member States, Union institutions, bodies and agencies, third countries, international organisations, international financial institutions, or other third parties (‘partners to the joint award procedure’), provided the protection of the financial interests of the Union is ensured. Such procedures shall be subject to a single set of rules and lead to the conclusion of single legal commitments. For that purpose, the partners to the joint award procedure may make resources available to the Programme in accordance with Article 10, or the partners may be entrusted with the implementation of the award procedure, where applicable in accordance with Article 62(1), point (c), of Regulation (EU, Euratom) 2024/2509. In joint award procedures, representatives of the partners to the joint award procedure may also be members of the evaluation committee referred to in Article 153(3) of Regulation (EU, EURATOM) 2024/2509.
Article 12 - Implementation and forms of Union funding
2. The funds implemented under indirect management in a Member State shall be allocated on the basis of:
(a)the population of and cost of living in the Member State concerned;
(b)the distance between capitals of Member States;
(c)performance, calculated based on the most recent data available.
3. The Commission shall further specify those criteria and their underlying formulae in the work programmes referred to in Article 15.
4. Union funding may be provided in any form in accordance with Regulation (EU, Euratom) 2024/2509, in particular grants, prizes, procurement, and non-financial donations.
5. Where Union funding is provided in the form of a grant, funding shall be provided as financing not linked to costs or, where necessary, simplified cost options, in accordance with Regulation (EU, Euratom) 2024/2509. Funding may be provided in the form of actual eligible cost reimbursement only where the objectives of an action cannot be achieved otherwise.
6. For the purpose of Article 153(3) of Regulation (EU, Euratom) 2024/2509, the evaluation committee may be composed partially or fully of independent external experts.
7. Public legal entities, and institutions and organisations in the fields of education and training, youth and sport that have received over 50 % of their annual revenue from public sources over the last two years, shall be considered as having the necessary financial and operational capacity to carry out activities under the Programme. They shall not be required to present further documentation to demonstrate that capacity.
CHAPTER V
PARTICIPATION IN THE PROGRAMME
Article 13 - Third countries associated to the Programme
(a)members of the European Free Trade Association which are members of the European Economic Area, as well as European micro-states;
(b)acceding countries, candidate countries and potential candidates;
(c)European Neighbourhood Policy countries;
(d)other third countries.
2. The association agreements for participation in the Programme shall:
(a)ensure a fair balance as regards the contributions and benefits of the third country participating in the Programme;
(b)lay down the conditions of participation in the programmes, including the calculation of financial contributions, consisting of an operational contribution and a participation fee, to a programme and its general administrative costs;
(c)not confer on the third country any decision-making power in the Programme;
(d)guarantee the rights of the Union to ensure sound financial management and to protect its financial interests;
(e)where relevant, ensure the protection of security and public order interests of the Union.
For the purposes of point (d) , the third country shall grant the necessary rights and access required under Regulations (EU, Euratom) 2024/2509 and (EU, Euratom) No 883/2013, and guarantee that enforcement decisions imposing a pecuniary obligation on the basis of Article 299 TFEU, as well as judgements and orders of the Court of Justice of the European Union, are enforceable.
Article 14 - Eligibility
2. In award procedures under direct and indirect management one or more of the following legal entities may be eligible to receive Union funding:
(a)entities established in a Member State;
(b)entities established in an associated third country;
(c)international organisations;
(d)other entities established in non-associated third countries where the funding of such entities is essential for implementing the action and contributes to the objectives laid down in Article 3.
3. In addition to Article 168(2) and (3) of Regulation (EU, Euratom) 2024/2509, associated third countries referred to in Article 13(1) may, where relevant, participate in and benefit from any procurement mechanisms set in Article 168(2) and (3) of Regulation (EU, Euratom) 2024/2509. Rules applicable to Member States shall be applied, mutatis mutandis, to participating associated third countries.
4. Award procedures affecting security or public order, in particular concerning strategic assets and interests of the Union or its Member States, shall be restricted in accordance with Article 136 of Regulation (EU, Euratom) 2024/2509.
5. The work programme referred to in Article 110 of Regulation (EU, Euratom) 2024/2509 or the documents related to the award procedure may further specify the eligibility criteria set out in this Regulation or set additional eligibility criteria for specific actions.
CHAPTER VI
PROGRAMMING
Article 15 - Work programme
CHAPTER VII
COMMUNICATION AND DISSEMINATION
Article 16 - Information, communication and dissemination
2. The national agencies referred to in Article 19 shall assist the Commission in its general task of disseminating information concerning the Programme, including information in respect of actions and activities managed at national and Union level, and its results. National agencies shall inform relevant target groups about the actions and activities undertaken in their respective countries.
3. The actions and activities referred to in paragraph 1 and 2 shall be implemented in accordance with Regulation (EU) [XXX]* of the European Parliament and of the Council [Performance] which establishes the rules for the expenditure tracking and the performance framework for the budget, including the rules applicable to all Union programmes regarding information, communication and visibility obligations, including in particular obligations for beneficiaries and implementing partners.
CHAPTER VIII
MANAGEMENT AND AUDIT SYSTEM
Article 17 - Arrangements for indirect management at national level
2. The national authority and the national agency shall both be considered as implementing bodies under point (c) of Article 62(1) of the Financial Regulation to the extent of their responsibility for budget implementation tasks as agreed with the Commission, with the national authority retaining principal responsibility towards the Commission for the overall implementation of EU funds by the national agency it designates and supervises as referred to in Article 18(10).
Article 18 - National authority
2. The national authority shall designate a national agency for the duration of the Programme and notify the Commission thereof. The national authority shall not designate a ministry as a national agency and the national agency shall be organisationally separate from the national authority.
3. The national authority shall designate an independent audit body as referred to in Article 21.
4. The national authority shall provide the Commission with an appropriate ex ante assessment that the national agency satisfies the minimum requirements set out in Article 157(1) to (5) of Regulation (EU, Euratom) 2024/2509 and the Union requirements for internal control standards for national agencies and rules for the management of Programme funds.
For the purposes of the first subparagraph, the following arrangements shall apply:
(a)for the procedures specifically required by the Commission, including its own and those specified in this Regulation, no ex ante assessment shall be done in line with point (b) of Article 157(7) of Regulation (EU, Euratom) 2024/2509;
(b)for procedures other than those specified in point (a), the national authority shall make an ex ante assessment, which shall be based on its own controls and audits or on controls and audits undertaken by the independent audit body;
(c)where the national agency designated for the Programme is the same as the national agency designated in accordance with Regulations (EU) 2021/817 and (EU) 2021/888, the scope of the ex ante assessment shall be limited to the requirements that are new, unless otherwise justified.
5. In the event that the Commission rejects the designation of the national agency based on its evaluation of the ex ante assessment, or if the national agency does not comply with the minimum requirements set by the Commission, the national authority shall ensure that the necessary remedial steps are taken to ensure compliance, subject to approval by the Commission, or shall designate another body as national agency. In exceptional cases where a national agency ceases to operate or to exist and the national authority itself carries out budget implementation tasks in accordance with this Regulation and relevant agreements thereunder, it shall be exempted from the ex ante assessment.
6. The national authority shall provide adequate co-financing, at least equivalent to the contribution referred to in Article 20(5), point (b), for the operations of its national agency to ensure that the Programme is managed in accordance with the applicable Union rules.
7. The national authority shall ensure that appointments of persons responsible for the management of the national agency are justified by the nature of the action, follow fair and transparent rules and procedures and do not give rise to a conflict of interest. In case of serious concerns about compliance with these principles, the Commission may reject the proposed appointment and request the national authority to ensure that the selection procedure is repeated.
8. The national authority shall monitor and supervise the budget implementation tasks entrusted to its national agency. It shall inform and consult the Commission in due time prior to taking any decision that may have a significant impact on the management of the Programme and the Programme funds.
9. The national authority shall, each year, provide the Commission with a report on its monitoring and supervision activities and, where appropriate, a statement on its follow-up to any observations issued by the Commission in response to such report.
10. The national authority shall take and retain responsibility for the proper management of the Union funds transferred by the Commission to the national agency in the framework of the Programme.
11. In the event of any irregularity, negligence or fraud attributable to the national agency, or of serious shortcomings, liabilities or underperformance on the part of the national agency, where any of these instances gives rise to claims by the Commission against the national agency, the national authority shall reimburse and indemnify the Commission for such claims.
12. In the circumstances referred to in paragraph 11, the national authority may, on its own initiative or at the request of the Commission, revoke the mandate of the national agency. Where the national authority wishes to revoke that mandate for any other justified reason, it shall notify the Commission within a reasonable time before the envisaged date of termination of the mandate. In such cases, the national authority and the Commission shall formally agree on specific and time-limited transition measures.
13. In the event of revocation as referred to in paragraph 12, the national authority shall carry out the necessary controls regarding the Union funds entrusted to the national agency whose mandate has been revoked and shall ensure that those funds and all documents and management tools required for the management of the Programme are transferred to the new national agency in an unimpeded manner. The national authority shall provide the national agency whose mandate has been revoked with the necessary financial support to continue to meet its contractual obligations vis-à-vis the beneficiaries of the Programme and the Commission pending the transfer of those obligations to a new national agency. Should there be a transitional period between the revocation of this mandate and the designation of a new national agency as accepted by the Commission, the national authority shall, during such period, be responsible for all the obligations of the national agency as laid out in this Regulation and for all of its outstanding contractual obligations vis-à-vis the beneficiaries of the Programme and the Commission.
14. Where a national agency ceases to operate or to exist and no new national agency is designated as a result of the withdrawal of a third country from the Programme, the national authority shall be principally responsible for all the obligations of the national agency and for the fulfilment and closure of all the outstanding contractual obligations vis-à-vis the beneficiaries of the Programme and the Commission.
15. At the request of the Commission, the national authority shall designate the institutions or organisations, or the types of such institutions and organisations eligible to participate in an action of the Programme in its territory.
16. The national authority shall promote and facilitate effective synergies and complementarities with other Union, national or regional funds or programmes.
17. The national authority shall ensure that all necessary and appropriate measures are taken to remove any legal and administrative obstacles to the proper functioning of the Programme, including measures aimed at aligning the status of participants in the Programme with that of other nationals in the same situation or at addressing difficulties in obtaining visas or residence permits.
Article 19 - National agency
(a)be a body within the meaning of Article 62(1), point (c), (v) or (vi) of Regulation (EU, Euratom) 2024/2509 and be governed by the law of the Member State or of the third country associated to the Programme concerned;
(b)have the adequate management capacity, staff and infrastructure to fulfil its tasks satisfactorily, ensuring efficient and effective management of the Programme and sound financial management of Union funds;
(c)have the operational and legal means to apply the administrative, contractual and financial management rules laid down at Union level;
(d)have the requisite expertise to implement effectively the actions in all the sectors of the Programme for which it receives a Union contribution;
(e)offer, if required by the Commission, adequate financial guarantees, issued preferably by a public authority, corresponding to the level of Union funds it is called upon to manage.
2. The national agency shall adequately plan its tasks for the implementation of the relevant actions as set out in the work programme referred to in Article 15 and the relevant agreements with the Commission, as well as for the information, communication and dissemination activities referred to in Article 16(2.
3. The national agency shall manage all the stages of the project lifecycle of the Programme actions under its responsibility in accordance with Article 62(1), point (c) of Regulation (EU, Euratom) 2024/2509 and the relevant agreements with the Commission.
4. The national agency shall issue grant support to beneficiaries within the meaning of Article 2, point (5) of Regulation (EU, Euratom) 2024/2509 by way of grant agreements as specified by the Commission for the Programme action concerned.
5. The national agency shall not, without prior written authorisation from the national authority and from the Commission, delegate to a third party any task related to the Programme or budget implementation conferred on it. The national agency shall retain sole responsibility for any tasks delegated to a third party.
6. The national agency shall, each year, provide its national authority and the Commission with a management declaration, a report and any other documents as required in accordance with Article 158 of Regulation (EU, Euratom) 2024/2509.
7. The national agency shall implement in due time the observations issued by the Commission following its analysis of the yearly management declaration and report and of the independent audit opinion thereon.
Article 20 - European Commission
2. On the basis of the ex ante assessment referred to in Article 18(4), the Commission shall accept, conditionally accept or reject the designation of the national agency. The Commission shall not enter into a contractual relationship with the national agency until it has accepted the ex ante assessment as satisfactory or taken appropriate supervisory measures in accordance with Article 157(5) of Regulation (EU, Euratom) 2024/2509. In the event of conditional acceptance, the Commission may apply proportionate precautionary measures to its contractual relationship with the national agency. Where the national agency no longer complies with the minimum requirements, the Commission may suspend its contractual relationship with the national agency until remedial action has been taken to ensure compliance, failing which it may request the national authority to revoke the mandate of the national agency and designate a new one, subject to a positive ex ante assessment.
3. The Commission shall provide the national authorities and the national agencies with appropriate information and guidance in order to ensure consistent and high-quality implementation and management of the Programme. In particular, it shall specify planning, project management and reporting arrangements and ensure that these arrangements follow simple procedures.
4. The Commission shall not make Programme funds available to the national agency until it has approved its planning documents in accordance with Article 19(2).
5. The Commission shall make the following Programme funds available to the national agency:
(a)a contribution for grant support for the Programme actions the management of which is entrusted to the national agency;
(b)a contribution in support of the national agency’s Programme management tasks;
(c)if relevant, an additional contribution for actions under Article 7, points (a) and (b).
6. The Commission shall communicate to the national authority and the national agency the outcome of its analysis and observations on the yearly report and management declaration as referred to in Articles 18(9) and 19(6) and on the audit opinion as referred to in Article 21(2).
7. Where the Commission does not accept the yearly management declaration or the independent audit opinion thereon, or in the event of unsatisfactory implementation by the national agency of the Commission’s observations, the Commission may implement any precautionary and corrective measures necessary to safeguard the Union’s financial interests in accordance with Article 132 of Regulation (EU, Euratom) 2024/2509.
8. The Commission shall encourage and maintain an active dialogue and cooperation with and between the national agencies and the national authorities, including the exchange and transfer of good practice, with a view to improving and ensuring the consistent implementation and management of the Programme. It shall also ensure that appropriate conditions are in place for an effective exchange of information between the Union institutions, national agencies or other bodies and entities implementing the Programme.
9. The Commission shall deliver the necessary information technology systems to support the implementation of the Programme objectives laid down in Article 3, including for indirect management.
Article 21 - Independent audit body
(a)have the necessary professional competence to carry out public sector audits;
(b)ensure that its audits take account of internationally accepted audit standards;
(c)not be in a position of conflict of interest with regard to the legal entity of which the national agency forms part; in particular, the independent audit body shall be independent, in terms of its functions, of the legal entity of which the national agency forms part.
2. The independent audit body shall issue an audit opinion on the yearly management declaration as referred to in Article 158(1) of Regulation (EU, Euratom) 2024/2509. It shall form the basis of the overall assurance pursuant to Article 127 of Regulation (EU, Euratom) 2024/2509.
3. The independent audit body shall give the Commission and its representatives and the Court of Auditors full access to all documents and reports in support of the audit opinion that it issues on the national agency’s yearly management declaration.
Article 22 - Principles of the control system
2. The national agency shall be responsible for the primary controls of grant beneficiaries for the actions it manages as set out in the work programmes referred to in Article 15. Those controls shall give reasonable assurance that the grants awarded are used as intended and in compliance with the applicable Union rules.
3. With regard to the Programme funds transferred to the national agencies, the Commission shall ensure proper coordination of its controls with the national authorities and the national agencies, on the basis of the single audit principle and following a risk-based analysis.
CHAPTER IX
TRANSITIONAL AND FINAL PROVISIONS
Article 23 - Repeal
Article 24 - Transitional provisions
2. The financial envelope for the Programme may also cover technical and administrative assistance expenses necessary to ensure the transition between the Programme and the measures adopted under Regulations (EU) 2021/817 and (EU) 2021/888.
3. Member States shall ensure at national level the unimpeded transition between the actions carried out under Regulations (EU) 2021/817 and (EU) 2021/888 and those to be implemented under this Programme.
Article 25 - Entry into force and application
It shall apply from 1 January 2028.
This Regulation shall be binding in its entirety and directly applicable in all Member States.