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procurement rules in projects receiving support from the ESI Funds.

Yes European directives concerning public procurement (2004/17, 2004/18 and 2009/81/EC) have been implemented by executive order which by referring to the directives obliges the contracting entity to comply with the rules of the directives. This means that the rules of the directives must be directly applied today.

Denmark has implemented national procurement rules below the thresholds of the public procurement directives and the Danish Competition and Consumer Authority provides advice on the interpretation of the

procurement rules, both at EU and national level.

The Danish Competition and Consumer Authority prepares

guidelines for understanding the public procurement rules at both EU and national level.

See also:

http://www.kfst.dk/Offentlig- konkurrence/Regler-og-vejledninger- mm/Regler)

The Directive on Public Procurement:

https://www.retsinformation.dk/Forms/

The Danish managing authority for public procurement (the Danish Competition and Consumer Authority) provides advice on its website about procurement rules and how to comply with them. It is also a condition in all contracts for subsidy from the ESI Funds that the public procurement rules and the general principles of

transparency, equal treatment and thrift must be complied with.

For the ERDF and ESF, the conditions are reviewed for this issue at a start-up meeting between the managing authority and beneficiaries in advance to ensure that beneficiaries understand and comply with the rules. If deemed necessary for beneficiaries to hire external assistance to carry out an invitation to tender, this expense will be eligible for aid under Denmark’s ERDF and ESF programmes. There are many different private vendors of courses on public procurement, which is why the managing authority is precluded from holding such skills-development activities, but the expenses for participating at courses provided by a private vendor will also be eligible for aid under Denmark’s ERDF and ESF programmes.

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https://www.retsinformation.dk/Forms/ R0710.aspx?id=26714

The Defence and Security Directive:

https://www.retsinformation.dk/Forms/ R0710.aspx?id=138266

The Act on Invitation to Tender (amended): https://www.retsinformation.dk/Forms/ R0710.aspx?id=113858, https://www.retsinformation.dk/Forms/ R0710.aspx?id=137689, https://www.retsinformation.dk/Forms/ R0710.aspx?id=144417

Instructions and guidelines:

http://www.kfst.dk/Offentlig- konkurrence/Regler-og-vejledninger- mm/Vejledninger, http://www.kfst.dk/Offentlig- konkurrence/Regler-og-vejledninger- mm/Vejledende-udtalelser, http://www.kfst.dk/Offentlig- konkurrence/Regler-og-vejledninger- mm/Kommentarer-til-retspraksis, 5. State aid:

There are schemes in place to ensure the efficient application of EU legislation on state

Yes 1.

Schemes which ensure efficient application of EU rules on state aid.

2.

Schemes for supplementary

Yes The rules are repeated on the European Commission’s website.

At national level, the Ministry of Business and Growth provides guidance on understanding the rules.

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implementation of the ESI Funds.

3.

Schemes aimed at ensuring the administrative capacity for implementing and applying EU legislation on state aid.

understanding the rules, including a state aid handbook, www.evm.dk. Link:

http://www.evm.dk/arbejdsomraader/er hverv-og-regulering/statsstoette/hvad- er-statsstoette/statsstoettehaandbogen

The ministry has a special department for state aid. The department is a national centre for state aid in Denmark.

The state aid secretariat is tasked with disseminating knowledge and advice in state-aid issues which concern new bills or amendments to legislation, and to provide consultancy for central administration and public enterprises in conjunction with planning new initiatives so these comply with EU regulations on state aid. In this context, the secretariat carries out advance screening of the legislative programme.

The state-aid secretariat takes part in processing cases with the European Commission and assists authorities by means of bilateral contact with the Commission for reported cases and other planning of Danish measures that need to be assessed on the basis of the EU regulations on state aid. In addition, the state-aid secretariat plays an active role for proposals to revise EU state-aid rules and for the

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The department assists the MA in conjunction with information on new state-aid regulations. The MA is responsible for screening the OP. The state-aid secretariat interprets the rules and assists the MA in the

implementation and with any notifications. Under the programmes, de minimis and the general block exemption are used, and therefore notification is not relevant in practice.

Principle cases can be submitted to a committee: the Committee on State Aid.

The committee can do the following:

 provide consultancy and assistance in measures and initiatives which possibly involve state aid;

 screen legislative initiatives and legislative programmes;

 provide consultancy and guidance for early contact to the

Commission’s service branches in specific cases;

 Provide consultancy and guidance for the preparation of state-aid reports and procedures;

1.

All costs eligible for aid and financing broken down by funding source must be specified in applications for

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granted to a project together with support from a region, the entire support sum is combined. After this, the support percentage can be calculated. All commitments of support specify that the state aid comprises subsidy/support from the EU, state, regions and municipalities, and it is also specified which state-aid rules may be used in the project, after which the support rates can be calculated.

The project documentation comprises the state-aid documentation where the support for each individual enterprise is calculated.

If the beneficiary has not repaid illegal support, a new commitment of support will not be issued.

For the use of de minimis support, the beneficiary fills in a statement in accordance with the de minimis regulation.

Information about the beneficiary, support amount and publication will be collected by the managing authority in accordance with the general block exemption regulation.

The general block exemption regulation and the de minimis regulation are used in Denmark’s structural fund programmes. These legal bases are cited in the

programmes, and the specific

provisions applied are specified in the annexes to the programmes. If the programmes are amended, the annexes

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accordance with the general block exemption regulation.

Subsidy for supporting financial instruments will contain the specific terms and conditions in relation to the state aid that may be granted to the project.

Terms and conditions for state aid will be reviewed at a start-up meeting between the managing authority and beneficiaries in advance to ensure that beneficiaries understand and comply with the rules. If it is deemed necessary for beneficiaries to hire external assistance, this expense will be eligible for aid under Denmark’s ERDF and ESF programmes.

It is apparent in the regulations governing the structural funds that all EU regulations – including the state- aid regulations – must be complied with. The MA is responsible for ensuring compliance with this.

If it is ascertained that support has been granted in violation of the state- aid regulations, the Danish state may claim repayment of the illegal support from the beneficiary.

In cases of illegal state aid, the procedure will be as follows:

1. The MA files a claim for repayment

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entire programme

implementation, including the recovery of state aid.

For each application for support, the application is review for all elements containing financial advantages for entities that exercise financial activity. This is part of the checklist. A copy of the checklist is enclosed.

In each individual case, a specific term is inserted about the method used for calculating state aid in the project.

Each individual project must include documentation to the effect that the commitment’s terms and conditions concerning state aid in the project have been met. This documentation is reviewed by an accountant and subject to all the controls of the structural funds.

The managing authority receives and passes on all information in

accordance with the rules in the general block exemption regulation.

2.

In conjunction with the

commencement of the administration of the structural fund programmes for the 2014–2020 period, skills

development days are held for the employees of both the MA and the regional secretariats. The skills

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Throughout the structural fund period, meetings are to be held in networks comprising the various administrative levels. At these meetings, instruction and information are provided on state aid in structural fund projects.

3.

The MA has designated employees with special knowledge relating to the application of state-aid rules for subsidy from the ESI Funds. These employees assist the case officers at MA and advise external parties.

In the 2007–2013 period, attention to the state-aid regulations at both the MA and in general has been

intensifying. The number of employees on the MA’s team has increased from one to four. Both operational and legal expertise are represented on the team. The valuable lessons learned from the 2007–2013 period will be applied, and this experience will form the basis for efficient, meticulous administrative procedures.

6. Environmental