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Decree Law No. 127/2019


Publication: Republic Diary No. 165/2019, Series I of 2019-08-29
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 127/2019
  • Pages: 8 - 17

Summary in plain english

What is it?

This decree-law amends the rules regarding the governance model of the European structural and investment funds and the general rules for the application of the operational programmes (PO) and the rural development programmes (PDR), for the scheduled period of 2014-2020.

What is going to change?

The operation of the coordinating interministerial committee of the Partnership Agreement (CIC Portugal 2020) in specialized committees is now expressly provided for in the governance model.

It is now possible to appeal to the acts practised by the management authority, the PO’s management entity, to the Government member who coordinates CIC Portugal 2020, who may request an opinion to the Government member responsible for the correspondent sector.

In the case of PO MAR [Operational Programme SEA], the appeal is decided by the Government member responsible for the sea sector.

In the case of PDR, the appeal is decided by the Government member responsible for the agriculture sector.

In the case of PO and PDR of the autonomous regions, the appeal is decided by the regional government member responsible for the correspondent sector.

The projects funded by European structural and investment funds (ESIF) may be funded from the point of view of national public contribution by public entities which do not benefit from cohesion policy’s funds.

In such cases, an authorization by the Government member who coordinates CIC Portugal 2020 and by the Government member responsible for the body or service which ensures the national public funding is necessary.

Regarding the financial instruments, the national public contribution may be ensured by a public entity different from the beneficiary entity.

The hierarchical dependency of the PO on the specialized committee’s coordinators of the correspondent thematic domain is also achieved, as well as the establishment of competences regarding the appointment of the PO’s managing authority responsible agents.

Besides these aspects, the figure of the Beneficiary’s Trustee is also extinguished and the use of independent external experts only when deemed as necessary by the managing entity is envisaged.

Lastly, the support modalities are adjusted, expanding and valuing the application of the simplified costs scheme.

What advantages does it bring?

A greater flexibility and responsibility of the system’s players is ensured, through the clarification of the intervening parties on the process, the reinforcement of the individuals’ guarantees and the streamline of the support assignment procedure.

When does it enter into force?

This decree-law enters into force on the day following its publication.

Original Version

LEGAL TRANSLATOR

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CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.