On Administration of the Ignalina Programme in Lithuania


Published: 2005-07-09

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Official translation
 
 
 
GOVERNMENT OF THE REPUBLIC OF LITHUANIA
 
RESOLUTION
 
No. 980
 
of 7 September 2005
 
ON ADMINISTRATION OF THE ignalinA programME IN LITHUANIA
 
Vilnius
 
For the purpose of implementing Decision No K(2004) 5454 of the Commission of the European Communities of 27 December 2004 on Ignalina Programme Relating to the Support of the Decommissioning of the Nuclear Power Plants and Consequential Measures in the Energy Sector in Lithuania (hereinafter referred to as Decision of the Commission of the European Communities) and Decision of the Commission of the European Communities of 23 June 2005 amending Decision No K(2004) 5454 and seeking to ensure that the funds granted to the Republic of Lithuania under the Ignalina Programme established in Protocol No 4 on the Ignalina nuclear power plant in Lithuania as annexed to the Treaty between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, the Slovak Republic concerning the Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, the Slovak Republic to the European Union (Valstybės žinios (Official Gazette) No 1-1, 2004) are used properly (hereinafter referred to as Protocol No 4 to the Accession Treaty), the Government of the Republic of Lithuania  has resolved:
1. To appoint the following institutions to administer the Ignalina Programme:
1.1. the Ministry of Economy as the Responsible (Managing) Authority; 
1.2. the Ministry of Finance as the Paying Authority;
1.3. the public institution Central Project Management Agency as the Implementing Agency.
2. To determine that:
2.1. The Beneficiary shall mean the applicant that has been awarded support under the Ignalina Programme and that has entered into the financing agreement for the implementation of the projects under the Ignalina Programme.
2.2. The Responsible Authority shall:
2.2.1. be in charge of administration and spending of the funds granted to the Republic of Lithuania under the Ignalina Programme established in Protocol No 4 to the Accession Treaty (hereinafter referred to as the funds of the Ignalina Programme) for the implementation of the measures specified in the decisions of the Commission of the European Communities;
2.2.2. in cooperation with the Commission of the European Communities coordinate settlement of the issues related to obtaining, administration, financing and reporting of the spending of the funds of the Ignalina Programme;
2.2.3. within the functions assigned thereto and following the decisions of the Commission of the European Communities draft and approve legal acts in relation to administration, spending for the intended purposes of the funds of the Ignalina programme, implementation monitoring, reporting and audit thereof; 
2.2.4. consider the projects being initiated and the related documents, rationale of implementation and feasibility of financing of the projects under the Ignalina Programme, draft and agree with the Paying Authority and the Implementing Agency, and table to the Commission of the European Communities draft decision on the rationale of implementation and feasibility of financing of the projects under the Ignalina Programme;
2.2.5. draft and sign implementation agreement, having agreed the same with the Paying Authority and the Implementing Agency, concerning administration of the funds of the Ignalina programme (hereinafter referred to as the implementation agreement);
2.2.6. endorse and sign financing agreements for the implementation of the Ignalina Programme (hereinafter referred to as the financing agreements);
2.2.7. coordinate actions of the Paying Authority, the Implementing Agency and the Beneficiaries undertaken pursuant to the decisions of the Commission of the European Communities and monitor such actions within the scope of its competence;
2.2.8. approve and forward the procurement plans prepared by the Beneficiaries to the Implementing Agency for monitoring;
2.2.9. under the procedure established by the legal acts approve technical and technological terms for admission of projects and set up commissions for admission of the completed projects; 
2.2.10. table periodic, interim and final project implementation reports and reports on spending of the funds of the Ignalina Programme to the Commission of the European Communities and to the Government of the Republic of Lithuania, if applicable;
2.2.11. having identified irregularities in relation to the spending of the funds of the Ignalina Programme or having obtained information about such irregularities from the Implementing Agency, other institutions or sources, analyse the causes of the identified irregularities, notify the Financial Crimes Investigation Service under the Ministry of the Interior of such irregularities and, having received the opinion of the Financial Crimes Investigation Service under the Ministry of the Interior, decide on suspension of the project financing, set deadline for removal of the irregularities, notify the Commission of the European Communities and the Implementing Agency thereof; should the irregularities be not removed by the set deadline, decide on termination of project financing and removal of the irregularities, notify the Paying Authority and the Beneficiary thereof and undertake steps to recover the illegally paid funds;
2.2.12. provide explanations and consultations to the public institutions and the Beneficiaries on drafting of project documents, evaluation, implementation, control and other issues;
2.2.13. organise control over spending of the funds, audit of the management and control system of the Ignalina Programme in order to ensure the funds are spent for the intended purpose and in compliance with the applicable requirements;
2.2.14. provide information to the Paying Authority that is needed for preparation of payment applications to be submitted to the Commission of the European Communities;
2.2.15. on the basis of the payment claims prepared by the Beneficiaries and approved by the Implementing Agency prepare and table to the Paying Authority payment requests on transfer of the funds to the Beneficiaries specified in the payment claims;
2.2.16. enable the representatives of the Commission of the European Communities and the European Court of Auditors to carry out checks, prepare annual report on checks over spending of funds of the Ignalina Programme carried out by all authorities of the European Union and the Republic of Lithuania;
2.2.17. pursuant to the decision of the Commission of the European Communities and the Law of the Republic of Lithuania on Documentation and Archives (Valstybės žinios (Official Gazette) No 107-2389, 1995; No 57-1982, 2004) keep, within the scope of its competence, all the documents related to administration of the Ignalina Programme and needed to ensure adequate audit trail, ensure that these documents are made available to those authorised to check them;
2.2.18. be entitled to obtain from the Implementing Agency, Paying Authority and the Beneficiaries all the information related to the implementation and financing of the projects under the Ignalina Programme to make sure that the funds of the Ignalina Programme are being spent properly;
2.2.19. be entitled to form commissions or task groups to ensure coordination of  the implementation and monitoring of the projects under the Ignalina Programme in specific areas (such commissions or task groups may include representatives of public institutions concerned with implementation of the Ignalina Programme and external experts).
2.3. The Implementing Agency shall:
2.3.1. endorse and sign the implementation agreement; draft, agree with the Responsible Authority and the Beneficiaries and sign the financing agreements;
2.3.2. draft, agree with the Paying Authority and table to the Responsible Authority for approval a standard financing agreement;
2.3.3. draft template documents for launching of the public procurement within the framework of implementation of the projects under the Ignalina Programme and, having agreed them with the  Responsible Authority, provide them to the Beneficiaries;
2.3.4. consider and approve public procurement documents prepared by the Beneficiaries; 
2.3.5. approve standard contracts between the Beneficiary and a supplier of goods, services or works; 
2.3.6. consider and verify payment and other documents submitted by the Beneficiaries in relation to implementation of the contracts entered into by the Beneficiaries and suppliers of goods, services or works;
2.3.7. approve and table to the Responsible Authority payment claims submitted by the Beneficiaries;
2.3.8. monitor implementation of projects by the Beneficiaries; where irregularities are identified or information is received about any such irregularities from other sources notify the same to the Coordinating and Paying Authorities;
2.3.9. perform verifications of at least 10 per cent of spending of the funds of the Ignalina Programme on a selective basis and following the risk analysis, and notify the results thereof to the Responsible Authority; before approving the final payment claim perform on site checks of the implementation of all the projects related to spending of the funds of the Ignalina Programme;
2.3.10. endorse periodic, interim and final project implementation reports as well as reports on spending of the funds of the Ignalina Programme;
2.3.11. under request of the Commission of European Communities, Coordinating and Paying Authorities provide information and documents in relation to the implementation of the Ignalina Programme;
2.3.12. pursuant to the decisions of the Commission of the European Communities and the Law of the Republic of Lithuania on Documentation and Archives keep, within the scope of its competence, all the documents related to administration of the Ignalina Programme and needed to ensure adequate audit trail, ensure that these documents are made available to those authorised to check them;
2.3.13. be entitled to obtain from the Coordinating, Paying Authorities and the Beneficiaries all the information related to the implementation and financing of the projects under the Ignalina Programme to make sure that the funds of the Ignalina Programme are being spent properly.
2.4. The Paying Authority shall:
2.4.1. open a state treasury account for the funds of the Ignalina Programme with the Bank of Lithuania, wherefrom the payment requests submitted by the Responsible Authority  shall be paid in accordance with the procedure applicable to the funds of the state budget of the Republic of Lithuania;
2.4.2. administer the funds of the Ignalina Programme received from the Commission of European Communities;
2.4.3. maintain accounting of the funds of the Ignalina Programme and the co-financing provided by the state budget of the Republic of Lithuania in accordance with the procedure for accounting of the funds of the state budget of the Republic of Lithuania; 
2.4.4. verify the funds of the Ignalina Programme received from the Commission of European Communities; 
2.4.5. prepare payment applications to be submitted to the Commission of the European Communities; 
2.4.6. endorse and sign the implementation agreement; 
2.4.7. provide to the Commission of the European Communities, the Responsible Authority and the Implementing Agency (under request thereof) information and documents in relation to the financing of the Ignalina Programme;
2.4.8. having identified irregularities in relation to the spending of the funds of the Ignalina Programme or having received information about such irregularities from other sources, notify the same to the Responsible Authority and the Implementing Agency;
2.4.9. pursuant to the decisions of the Commission of the European Communities and the Law of the Republic of Lithuania on Documentation and Archives keep, within the scope of its competence, all the documents related to administration of the Ignalina Programme and needed to ensure adequate audit trail, ensure that these documents are made available to those authorised to check them;
2.4.10. be entitled to obtain from the Responsible Authority, the Implementing Agency and the Beneficiaries all the information related to the implementation and financing of the projects under the Ignalina Programme to make sure that the funds of the Ignalina Programme are being spent properly;
2.4.11. be entitled, within the scope of its competence, to give binding instructions to the Responsible Authority and the Implementing Agency in relation to the accounting of the funds of the Ignalina Programme.
2.5. The Beneficiaries shall:
2.5.1. under the established procedure draft and table to the Responsible Authority the documents that are needed to justify including of the project into the financing plan of the  Ignalina Programme;
2.5.2. sign the financing agreements; 
2.5.3. draft and agree with the Implementing Agency standard contracts between the Beneficiary and a supplier of goods, services or works;
2.5.4. draft and table to the Implementing Agency public procurement documents and, having obtained its endorsement under the procedure set forth in the legal acts, launch the public procurement; 
2.5.5. draft and table to the Implementing Agency contracts between the Beneficiary and the supplier of goods, services or works having won the public procurement and, having obtain its approval, sign the contracts; 
2.5.6. submit to the Implementing Agency payment and other documents in relation to the implementation and financing of the signed contracts; 
2.5.7. draft, agree with the Implementing Agency and the Paying Authority and table to the Responsible Authority periodic, interim and final project implementation reports and reports on spending of the funds of the Ignalina Programme;
2.5.8. monitor implementation of the signed procurement contracts;
2.5.9. under the procedure set forth in the legal acts draft and table to the Responsible Authority for approval the technical and technological terms for admission of projects, provide recommendations to the Responsible Authority on the formed project admission commissions;
2.5.10. account property acquired against the funds of the Ignalina Programme;
2.5.11. pursuant to the decision of the Commission of the European Communities and the Law of the Republic of Lithuania on Documentation and Archives keep, within the scope of its competence, all the documents related to administration of the Ignalina Programme and needed to ensure adequate audit trail, ensure that these documents are made available to those authorised to check them;
2.5.12. be entitled to obtain from the Responsible Authority explanations and consultations with regard to project preparation and implementation and other issues. 
3. To commit the Ministry of Economy to perform the bellow tasks within 30 working days from entering into force of the present Resolution:
3.1. to draft and sign the implementation agreement with the Ministry of Finance and the public institution Central Project Management Agency concerning administration of the funds of the Ignalina Programme; set forth the procedures for administration and control of the projects under the Ignalina Programme in the agreement;
3.2. approve standard financing agreement of the Ignalina Programme. 
 
 
 
Prime Minister                                                                                 Algirdas Brazauskas
 
 
Minister of Economy                                                                      Kęstutis Daukšys