B.5 Legal framework and hierarchy of rules

The Programme has been designed under the territorial cooperation goal of the European Union. It combines financing from the European Regional Development Fund (ERDF) and Norwegian national funds. The MA/JS will run the Programme in accordance with the rules set for the ERDF.

The following layers of rules and requirements are applicable to the project partners:

    1. EU legislation, as referred to below,
    2. Programme document, as referred to below,
    3. Subsidy contract, Programme Manual, information in the project data available in the BAMOS+ and other guidance documents to projects,
    4. National legislation,
    5. Local and/or regional legislation,
    6. Institutional rules and regulations.

The hierarchy of rules sets out a priority of the EU legislation.¹ Where EU rules do not stipulate provisions or no detailed provisions, Programme rules can be set up. National, regional or local legislation, as well as institutional rules only apply where specific issues are not regulated either by the EU legislation or the Programme rules.

¹REGULATION (EU) 2021/1060, Article 63

The legal framework consists of:

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REGULATION (EU) 2021/1060 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy, hereinafter referred to as Common Provisions Regulation and abbreviated with CPR;

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REGULATION (EU) 2021/1059 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 June 2021 on specific provisions for the European territorial cooperation goal (Interreg) supported by the European Regional Development Fund and external financing instruments, hereinafter referred to as Interreg Regulation and abbreviated with IR;

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REGULATION (EU, Euratom) 2018/1046 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012, hereinafter referred to as Omnibus Regulation;

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REGULATION (EU) 2021/1058 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 June 2021 on the European Regional Development Fund and
on the Cohesion Fund, hereinafter referred to as ERDF Regulation;

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Articles 107 and 108 of the Treaty on the Functioning of the European Union;

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COMMISSION REGULATION (EU) No 2023/2831 of 13 December 2023 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid, hereinafter referred to as de minimis Regulation;

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COMMISSION REGULATION (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty, hereinafter referred to as General Block Exemption Regulation;

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COMMISSION REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, hereinafter referred to as General Data Protection Regulation (GDPR);

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Implementing acts and delegated acts adopted in accordance with the aforementioned Regulations;

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Applicable decisions and rulings in relation to the aforementioned Regulations;

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The Interreg Programme Interreg Baltic Sea Region, in the Programme Manual referred to as Programme,

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The decision of the European Commission according to Article 18 of the Interreg Regulation approving the Programme;

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National rules applicable to the lead partners and its project partners and their activities, especially those implementing the Directives of the European Parliament and of the Council on public procurement.

The list above details the most relevant legislation, but it is not an exhaustive one. Should the above-mentioned rules and regulations be amended, the latest version shall apply.