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Parliamentary questions
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5 February 2016
Answer given by Ms Creţu on behalf of the Commission
Question reference: E-015122/2015

1. The guidance under preparation is about respect of the Charter of Fundamental Rights, not about respect of the United Nations Convention on the rights of persons with disabilities (UNCRDP).

As regards respect of the UNCRDP in the context of the implementation of European Structural and Investment (ESI) Funds, Part II of Annex XI Regulation (EU) No 1303/2013 establishes ex ante conditionalities inter alia in the area of disability which have to be fulfilled, in case they are applicable to the specific objectives pursued within the priorities of Member States' programmes, requiring the existence of administrative capacity for the implementation and application of the UNCRPD in the field of ESI Funds. Criteria for its fulfilment are based also on reinforcing shift from institutional to community based care. In case ex ante conditionalities are not fulfilled by end 2016 this will constitute a ground for the suspension of interim payments.

According to the thematic guidelines of ESI Funds in the field of disability issued by the Commission, any measure which may contribute to further institutionalisation of children, disabled or elderly, should not be supported by the ESI Funds. In contrary only those actions should be supported which help to establish the conditions of independent living, in line with Article 19 of the UNCPRD. Guidelines also include practical recommendations for designing call for proposals and also selection criteria for projects.

2. The Commission is currently working on guidelines on respect of the Charter of Fundamental Rights which will cover guidance on the notion of implementation of ESI Funds.

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