C.1 Eligible project partners
C.1.4 Project partners outside the Programme area
Activities financed by ERDF funds under a given programme should, as a general rule, be located in the area covered by the European Union part of that programme. However, it may in exceptional cases be useful to implement an activity outside this area in order to ensure the maximum benefit for the programme area.
Article 20 of REGULATION (EU) No 1299/2013 has been introduced to create the legal background for such exceptional situations. Thus, the MA/JS can accept that all or part of a project is implemented outside the Union part of the Programme area and be co‐financed by ERDF. The provisions of Article 20 are applicable on two levels:
a) On the one hand, the MA/JS can accept that a project partner receiving ERDF co‐financing located on the Union territory of the Programme area spends part of its ERDF budget in a third country or Member State not part of the Programme.
b) On the other hand, the MA/JS can accept that a group of activities is implemented by an organisation located in a third country or Member State not part of the Programme area and provide ERDF co‐financing for the respective organisation.
The chapter below explains the requirements for option b). The rules regarding option a) are addressed in detail under Chapter F.4.
Besides the specific rules provided below, organisations interested in becoming project partners in the Programme also need to comply with the legal requirements set under chapter C.1.2.
The maximum ERDF co‐financing rate that organisations from third countries or Member States outside the Programme area can receive is 75%.
Norwegian, Russian and Belarusian organisations are not subject to this rule as they are receiving Norwegian national and ENI funding respectively.
Please note, organisations located in countries outside the Programme area that plan to carry out State aid relevant activities are not allowed to participate as project partners. This is due to the fact that the Monitoring Committee cannot take decisions on State aid for a project partner, whose country is not participating in the Programme but liable for any unduly funds spent.
This rule does not apply to organisations located in Germany (in the sense of legal registration) but outside the Programme area as Germany is a Programme country and represented in the Monitoring Committee.
How can an organisation from outside the Union part of the Programme area become a project partner?
Organisations outside the Union part of the Programme area can become project partners only if:
their participation brings added value and expertise to the project implementation;
their participation is to the benefit of the Baltic Sea Region; and
the Member State or third country of origin enters into agreement with the MA/JS of Interreg Baltic Sea Region on obligations regarding management, control, audit and financial liabilities
Example: a Belgian institution located in Brussels has a specific expertise in a topic highly relevant for an Interreg Baltic Sea Region project. As the use of this expertise would be beneficial for the Baltic Sea Region the lead applicant of the respective project could invite the institution to take part in the project and to cooperate and exchange on the topic. Equally, it could become relevant to include a partner located in a third country to share experience and cooperate on a relevant issue. In such situations Article 20 offers a possibility for the involved organisations to receive ERDF co‐financing provided that some specific conditions are met.
Following procedures apply for organisations outside the Programme area to become project partners in Interreg Baltic Sea Region:
Application phase
At the application phase organisations located in third countries or in Member States outside the Programme area are requested to present a partner declaration and a State aid self‐declaration. After the submission of the application by the lead applicant the MA/JS will, if needed, also with the support of the relevant project partner, identify the national authorities responsible for transnational cooperation/Interreg programmes in countries outside the Programme area. The national authorities will be requested by the MA/JS to formally confirm the eligibility and legal status of the organisation from their countries. During this procedure the potential project partner outside the Programme area might be requested to provide additional information to the national authority in charge.
Condition: The national authority submits the country declaration on the eligibility of the respective organisation by a deadline set by the MA/JS, approximately 2‐3 months before the MC approval of the respective call for applications.
If the eligibility confirmation by the responsible country is not provided to the MA/JS by the fixed deadline, the partner concerned will be excluded from the project and the subsidy contract will be signed without its participation.
Implementation phase
After receipt of the confirmation of technical eligibility and the approval of the project by the MC, the MA/JS will contact the country where the project partner is located to receive a signed agreement on the management, control and audit responsibilities. This agreement will be similar to the one signed by all the other participating countries in the Programme. It will outline the FLC system and the SLA responsibilities of the particular country as well as its liability in case of any irregularities linked to the national involvement in the Programme. The signed agreement has to be obtained, at the latest, by the end of the first reporting period. The time between approval and the end of the first reporting period is approximately 9 months. During this time the partner’s activities are implemented at own risk. As long as the signed agreement is not received by the MA/JS, the respective partner organisation outside the Programme area cannot report and claim any cost.
Condition: In case the responsible national institution does not provide the signed agreement and requested information by the set deadline, the partner organisation concerned will automatically be excluded from the project. Should such a situation occur, the lead partner has to initiate a change procedure for the exclusion of the said partner organisation. The procedure for such project changes is described in detail in Chapter G.4.
In order to facilitate and support the implementation of the procedure, the project partner should remain in regular contact with the MA/JS as the latter can offer assistance throughout the whole process.
Please note, organisations located in Germany (in the sense of legal registration) but outside the Programme area will be treated as having the second condition (regarding the signed agreement on the management, control and audit system) automatically fulfilled due to Germany being a Programme country.