Application of European regulations

Broadband aid, being co-financed by ERDF Funds, is governed by the European regulations governing the European Regional Development Fund (ERDF):

  1. Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 establishing common rules for the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general rules for the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund, and repealing Council Regulation (EC) No 1083 (2006/EC);
  2. Regulation (EU) No 1301/2013 of the European Parliament and of the Council of 17 December 2013 on the European Regional Development Fund and on specific provisions relating to the objective of investment in growth and employment and repealing Regulation (EC) No 1080/2006;
  3. El Reglamento 2018/1046, del Parlamento Europeo y del Consejo, de 18 de julio de 2018 sobre las normas financieras aplicables al presupuesto general de la Unión, por el que se modifican los Reglamentos (UE) n. o 1296/2013, (UE) n. o 1301/2013, (UE) n. o 1303/2013, (UE) n. o 1304/2013, (UE) n. o 1309/2013, (UE) n. o 1316/2013, (UE) n. o 223/2014 y (UE) n. o 283/2014 y la Decisión n. o 541/2014/UE y por el que se deroga el Reglamento (UE, Euratom) n. o 966/2012.
  4. Delegated and executive regulations provided for in Articles 149 and 150 of Regulation (EU) No 1303/2013.

On the other hand, being State aid, the following European regulations apply to them:

  • Commission General Regulation (EU) (RGEC II) No 651/2014 declaring certain categories of aid compatible with the internal market pursuant to Articles 107 and 108 of the Treaty
  • Communication from the Commission: European Union guidelines for the application of state aid rules to the rapid deployment of broadband networks (2013/C 25/01)
  • Communication from the Commission amending the guidelines on aid for broadband networks, the guidelines on regional aid for 2014-2020, on aid in the audiovisual sector, on aid for risk-financing investments and the guidelines on aid for airports and airlines. (2014/C 198/02)

Finally, operations financed by the European Union must respect the principles laid down in the Community Treaties and in the Charter of Fundamental Rights of the European Union. These principles include equality between women and men and non-discrimination. Both are contained in Regulation (EU) 1303/2013, in its Article 7, first and second paragraph respectively:

  • With regard to the principle of equality between women and men, gender equality and gender mainstreaming will be promoted at all stages of the implementation of the Funds.
  • With respect to the principle of non-discrimination, appropriate measures shall be taken to prevent any discrimination based on sex, race or ethnic origin, religion or belief, disability, age or sexual orientation during the preparation and implementation of programmes. In particular, accessibility for people with disabilities will be taken into account.

WARNING: These FAQ are informative in order to answer the questions that arise regarding the ERDF funds in the field of Broadband Aid and in no case replace what is established in Spanish or Community regulations. In the event of contradictions between this document and the Order of Bases, the Call for Proposals or the applicable Spanish or European Regulations, the provisions of the regulations shall always prevail.