Law On Management Of Eu Structural Funds And Investment Funds

Original Language Title: Закон за управление на средствата от Европейските структурни и инвестиционни фондове

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15516/

Name of law Law for the management of EU structural funds and investment funds Named the Bill the Bill for management of EU structural funds and investment funds acceptance date 10/12/2015 number/year Official Gazette 101/2015 Decree No 275

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law for the management of European structural funds and investment funds, adopted by the National Assembly of HLIÌI 10 December 2015.

Issued in Sofia on 18 December 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Catherine Dana

LAW

for the management of European structural funds and investment funds

Chapter one

GENERAL

Art. 1. (1) this law shall determine:

1. the national institutional framework for the management of EU structural funds and investment funds, hereinafter referred to as "ESIS";

2. the procedures for the provision of financial support through grants;

3. Special rules for the determination of the artist from the beneficiary of the grant;

4. the rules for verification and certification of eligible costs and for making the payments and financial corrections.

(2) the means of ESIS in the context of this law are the funds from the European regional development fund, the European Social Fund, the Cohesion Fund, the European agricultural fund for rural development and the European Fund for fisheries and Maritime Affairs, submitted by programme of the Republic of Bulgaria.

(3) the accounts of the ESIS, as well as for the financial relations in the management of the funds from the ESIS applies the law on public finance.

Art. 2. (1) the funds of the ESIS are managing must be managed on the basis of legality, sound financial management and sustainable development, to ensure their effectiveness and efficiency, through the partnership and multilevel governance, in order to reduce the administrative burden on the beneficiary's strativnata and in providing publicity and transparency.

(2) in the management of the funds from the ESIS do not allow conflicts of interest within the meaning of art. 57 of Regulation (EC, Euratom) no 966/2012 to the European Parliament and of the Council of 25 October 2015 on the financial regulation applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298/1 of 26 October 2012), hereinafter referred to as "Commission Regulation (EU) no 966/2012".

Art. 3. (1) the management of the funds from the ESIS is carried out in accordance with the applicable law for the programming period of the European Union and the partnership agreement of the Republic of Bulgaria, for the aid of ESIS, hereinafter referred to as "the partnership", the requirements of the programmes, the provisions of this law and its implementing acts.

(2) the funds of the ESIS are provided in the programs included in the partnership agreement, following their approval by the European Commission.

Art. 4. (1) the grants shall be granted for projects that achieve the objectives of the programmes under art. 3, al. 2 and under the conditions specified therein.

(2) grants may be provided in combination with other forms of financial support – awards, refundable aid or financial instruments.

(3) grants may not have the purpose or effect of making a profit.

(4) the grants shall not be granted for the financing of costs that have already been financed with funds from the ESIS or through other instruments of the European Union in accordance with art. 65 (11) of Regulation (EC) No 1303/13 of the European Parliament and of the Council of 17 December 2013 for the determination of common provisions on the European regional development fund, the European Social Fund, the Cohesion Fund, the European agricultural fund for rural development and the European Fund for fisheries and Maritime Affairs and laying down general provisions on the European regional development fund , The European Social Fund, the Cohesion Fund and the European Fund for fisheries and Maritime Affairs, and repealing Council Regulation (EC) No 1083/2006 (OJ L 347/320 of 20 December 2013), hereinafter referred to as "Commission Regulation (EU) No 1303/2013", as well as with other public funds, other than those of the beneficiary.

Art. 5. (1) the financial instruments, financed with funds from the ESIS, except those under art. 39 of Regulation (EC) No 1303/2013, running through a Fund of funds.

(2) the Fund of funds is created as a separate financial resources from programmes under art. 3, al. 2 and operated on the basis of a financing agreement concluded between the head of the managing authority of the programme and the person who manages a Fund of funds. Banking customer service person who manages a Fund of funds is carried out by the Bulgarian National Bank.


(3) the person who manages a Fund of funds is determined by the Cabinet of Ministers, as the management bodies shall include persons designated by the Deputy Prime Minister or Minister, responsible for the overall organization, coordination and monitoring of the management system of the ESIS, Minister of labour and social policy, the Minister of finance, Minister of regional development and public works, Minister of economy, Minister of environment and water and the Minister of agriculture and food as well as individuals with a proven track record in the field of financial instruments.

Art. 6. the management of the funds from the ESIS provided under programmes for European territorial cooperation is carried out in accordance with the relevant European Union law and international treaties ratified, promulgated and entered into force for the Republic of Bulgaria.

Chapter two

INSTITUTIONAL FRAMEWORK

Section I

Organs and structures for the management of the funds from the ESIS

Art. 7. (1) the executive authorities responsible for the management of the funds from the ESIS are:

1. The Council of Ministers;

2. the Deputy Prime Minister or Minister, responsible for the overall organization, coordination and monitoring of the management system of the ESIS;

3. the Minister of finance.

(2) the Council of Ministers: 1. approve the project of the partnership prior to its submission to the European Commission;

2. Approves the draft programmes referred to in art. 3, al. 2 prior to their submission to the European Commission;

3. identify the bodies responsible for the development of programmes under art. 3, al. 2 and for the management, control, coordination and auditing of funds of ESIS;

4. adopt regulations for the management of the funds from the ESIS provided for in this Act.

(3) the Deputy Prime Minister or Minister, responsible for the overall organization, coordination and monitoring of the management system of the ESIS:

1. Act as the central representative of the Republic of Bulgaria to the European Commission and other European institutions for the management of funds of ESIS;

2. carry out coordination in connection with the participation of the Republic of Bulgaria in the decision-making process of the European Union in the field of cohesion policy, the common agricultural policy and the common fisheries policy in their part of ESIS;

3. to manage the process of the development of the institutional framework and legislation related to management of the funds of ESIS;

4. coordinate and supervise the management of the programmes under art. 3, al. (2); gives methodological guidelines required by the authorities referred to in art. 9 in connection with the management of the programmes under art. 3, al. 2 without prejudice to the requirement to ensure the independence of the audit authority;

5. coordinate the information provided by the international financial institutions and support for the JASPERS tool preparation, implementation and management of projects financed with funds from the ESIS;

6. responsible for the conduct of the procedure for the determination of the managing and certifying body within the meaning of art. 124 of Regulation (EC) No 1303/2013, as well as for monitoring the implementation of the criteria in annex XIII of that regulation;

7. coordinate activities to improve the administrative capacity of Central, regional and local level in the management of the funds from the ESIS;

8. coordinate the effective implementation of the measures of visibility and transparency in the management of the funds of ESIS.

(4) the Minister of Finance:

1. identify, organize and control the processes of receiving and transferring of funds from the financial aid granted by the Republic of Bulgaria in the European regional development fund, the European Social Fund and the Cohesion Fund, and the related national funding;

2. conduct national policy on the application of financial instruments;

3. determined by by-law rules on the organisation of the bank accounts and making payments to the beneficiaries of the programmes under art. 3, al. (2);

4. define the normative act rules for verification and certification of expenditure, recovery and writing off of irregular expenditure and the posting, and the timetable and rules for the completion of the accounting year within the meaning of art. 2, item 29 of Regulation (EC) No 1303/2013 programmes funded by the European regional development fund, the European Social Fund and the Cohesion Fund.

Art. 8. (1) the Permanent operational coordination consultative bodies in the Executive branch in the definition and implementation of the State policy in the field of the management of funds from the ESIS are: 1. the Council for coordination in the management of the funds of the European Union, which carries out the coordination of measures for the implementation of the State policy of economic, social and territorial development of the country, financed with funds from the ESIS;

2. the Council for coordination in the fight against offences affecting the financial interests of the European Union, which ensures coordination of activities of State bodies in preventing and combating offences under the management of the funds from the ESIS.

(2) the councils under para. 1 by the Council of Ministers shall be established by the procedure of art. 22 (a) of the law on the administration. The composition, functions and organization of the activities of the Councils shall be determined by the acts of creation.

Art. 9. (1) the management and control Bodies of the ESIS are managing authorities, certifying authorities, audit authorities.


(2) the same, or managing a certification audit authority may be designated for several programs under art. 3, al. 2. In so far as it is applicable under the law of the European Union and with due regard for the principle of separation of functions, the managing, certifying and audit authority may be part of the same administration.

(3) for the management of part of the program or for the performance of certain tasks of the managing or certifying authority may be designated intermediary bodies.

(4) the managing, certifying and audit authorities and intermediate units are created as link in the Administration in accordance with Law for the administration or the law on local self-government and local administration, or as a separate administration. As far as applicable in accordance with European Union law, the functions of such a body can provide for implementation and by any other body or organisation.

(5) managing authorities are responsible for overall programming, management and implementation of the programme, as well as for preventing, detecting and correcting irregularities, including for the operation of the financial corrections. The head of the managing authority is the head of administration or organisation whose structure is the managing body, or a person authorised by him.

(6) the certification authorities carry out specific control activities to confirm to the European Commission on the legality and the eligibility of the expenditure incurred in the performance of projects financed under the programmes referred to in art. 3, al. 2, and draft and sent to the European Commission's annual accounts on each program. They provide information to the European Commission and communicating with her in connection with assigned activities.

(7) the audit authorities perform specific audit activities to provide an independent and objective assessment on the effectiveness of the systems for financial management and control and for the acquisition of reasonable assurance on the completeness, accuracy and veracity of the annual accounts and the legality and regularity of the associated costs.

Art. 10. (1) the Central coordination unit coordinate the actions of the authorities and the contact points referred to in art. 9, para. 1 and 3, while supporting them in the implementation of European Union law and national legislation related to the management of funds of ESIS. CCU is a structure that supports the link and provide information to the European Commission.

(2) the CCU shall perform the functions of:

1. Administration, which supports the Deputy Prime Minister or Minister, responsible for the overall organization, coordination and monitoring of the management system of the ESIS;

2. the Secretariat of the Council for coordination in the management of the funds of the European Union.

Art. 11. (1) the Directorate-General for the protection of the financial interests of the European Union "(AFKOS) in the structure of the Ministry of Internal Affairs reported irregularities of the European anti-fraud Office and assume control in the application of the procedures for the administration of irregularities affecting the means of ESIS.

(2) by a law or by-law of the Council of Ministers may establish other structures that carry out functions related to the management and control of the means of ESIS.

(3) in so far as it is not regulated in this law with the enactment of the Council of Ministers shall lay down the rules on the relationship between Government, certification and audit authorities, their relationships with the European Commission, as well as with other organs and structures under this chapter.

Section Ii

Monitoring committees and partnership in the management of funds by ESIS

Art. 12. (1) the programming, implementation, monitoring and evaluation of the partnership and the programmes under art. 3, al. 2 shall be carried out in partnership with the Central and the territorial bodies of the Executive power, municipalities, national representative organizations of the employers and the employees, with organisations representing civil society, and representatives of the academic community.

(2) the partnership principle is applied, and in the establishment of the Steering Committee for the implementation and monitoring of the joint action plan.

Art. 13. (1) the monitoring of the partnership agreement is carried out by the Monitoring Committee of the partnership agreement.

(2) the Committee referred to in paragraph 1. 1 is a collective body that:

1. monitor the progress in the implementation of the strategic priorities of the partnership;

2. discuss and approve all proposals for changes in the partnership agreement;

3. examine the information on the implementation of the programmes and their contribution to the strategic priorities of the partnership;

4. monitor the progress made in implementing the preconditions are not met at the time of the approval of the partnership agreement by the European Commission;

5. adopt a national communication strategy for the programming period after consultation of the committees referred to in art. 14, para. 1 and monitor its implementation;

6. monitor overall progress on the framework for the implementation of various programmes and consider and approve the national proposal for allocation of the reserve for implementation between the different programmes;

7. consider and other matters relating to the implementation of the partnership agreement.


Art. 14. (1) the implementation of a program under art. 3, al. 2 is monitored by the Committee. Committee may be established for the observation of one or more programs.

(2) the Committee for monitoring the programme or programmes under art. 3, al. 2 is a collective body that:

1. Approves the proposal of the head of the managing authority of the programme methodology and criteria used for the selection of operations;

2. agreed on the proposal of the head of the managing authority of the programme indicative annual work programmes;

3. examine the implementation and monitor the progress made towards achieving the objectives and priorities of the programme in relation to the indicators defined within it;

4. monitor the progress made in implementing the preconditions are not met at the date of approval of the programme by the European Commission;

5. it shall consider and approve the proposals for amendments to the program, including the redistribution of funds in priority or priorities;

6. consider and other matters relating to the implementation of the program.

(3) the Management Committee for joint action plan is created for the implementation of activities under art. 108 (1) and (2) of Regulation (EC) No 1303/2013 after the approval of the joint action plan by the European Commission.

Art. 15. (1) the Committee for monitoring of the partnership and the Committee to monitor the programme or programmes under art. 3, al. 2 shall consist of the President, members and observers in an advisory capacity.

(2) the committees referred to in para. 1 create and their composition is determined by by-law of the Council of Ministers in accordance with the requirements of art. 5 and 48 of Regulation (EC) No 1303/2013 and the delegated Regulation (EC) no 240/2014 of 7 January 2014 on a European code of conduct for partnership within the framework of the European structural and investment funds (OJ L 74/1 of 14 March 2014). The normative act lay down the criteria and the procedure for the election of the representatives of the partners in art. 12, al. 1.

(3) the composition of the Management Committee for joint action plan shall be determined by the head of the managing authority of the programme under art. 3, al. 2 under the conditions and by the procedure provided for by the Act under para. 2.

(4) the committees referred to in para. 1 adopt internal rules and code of conduct.

Art. 16. (1) the Committee for monitoring the partnership shall meet at least once a year.

(2) the Committee for monitoring the programme or programmes under art. 3, al. 2 shall meet at least twice a year.

(3) the committees referred to in para. 1 and 2 shall decide by unanimity. In cases where this is not possible, decisions shall be taken by a two-thirds majority of the members present entitled to vote.

(4) the composition of the committees Name under para. 1 and 2 and information about their operations and decisions are published on the website of the programme concerned, and of the single information portal for general information about the implementation and management of ESIS, hereinafter referred to as "Single information portal".

Art. 17. (1) the Deputy Minister or the Prime Minister, responsible for the overall organization, coordination and monitoring of the management system of the ESIS, jointly with the authorities and bodies referred to in art. 9-11 held regular meetings with representatives of the partners in art. 12, al. 1 and of the beneficiaries of financial support on current issues relating to the management of the funds from the ESIS.

(2) the meeting referred to in para. 1 shall be carried out at least once each quarter, such as the agreements are published on the single information portal.

Section Iii

Information and communication aimed at the general public concerning the financial support of ESIS

Art. 18. (1) the information and communication measures on the financial support of ESIS provided on programmes under art. 3, al. 2 shall be implemented in accordance with a national communication strategy for the programming period adopted by the Monitoring Committee of the partnership.

(2) a national communication strategy approved a single Handbook for the application of the rules on information and communication, which is binding for the beneficiaries.

Art. 19. (1) the CCU builds and maintains a Single information portal.

(2) the information shall be entered, and the procedure for its implementation shall be determined by the law of the Council of Ministers.

Art. 20. (1) for the promotion of ESIS in the Republic of Bulgaria establishes a network of information centres to provide up-to-date, free and expert information on the possibilities of financial support by means of these funds. Information centres are set up at regional level with the assistance of the municipality in whose territory they are situated.

(2) to promote the programmes under art. 3, al. 2 managing authorities shall develop an annual action plan, including all planned activities for information and communication.

(3) the promotion of ESIS in the Republic of Bulgaria and of the relevant programs under art. 3, al. 2 may be carried out by other organizations.

Section Iv

Information system for the management and monitoring of funds by ESIS

Art. 21. (1) the CCU, bodies for the management and control of the means of ESIS, applicants and beneficiaries, collect and systemize correct and reliable information on the activities of the implementation, management, monitoring, evaluation and control of the programmes under art. 3, al. 2 and projects according to their competence in the information system for the management and monitoring of the ESIS (MIS).


(2) the information referred to in para. 1, including those contained in her individual data may be used for statistical research and to publish and distribute such statistical information, under the conditions and pursuant to the law on statistics.

Art. 22. (1) the information system for the management and monitoring of the ESIS is supported by the CCU and ensures the electronic exchange of information and documents between him, bodies for the management and control of the means of ESIS and applicants and beneficiaries of financial support.

(2) proceedings before the managing authorities under this law may also be held by means of a MIS under conditions and in accordance with procedures laid down by the Act under art. 23.

Art. 23. the conditions and the mechanism for operation of MIS, as well as requirements for the structure and content of the information as per art. 21, para. 1 shall be determined by the law of the Council of Ministers.

Chapter three

THE PROVISION OF GRANTS

Section I

General

Art. 24. (1) the grants shall be granted by the head of the managing authority lâvaŝiâ with administrative contract or with a warrant, where the managing authority and the beneficiary are in the same administrative structure or organisation on the basis of approved: project proposal, project proposal for systemic project financial plan for budget line. In the integrated project proposal aid is granted jointly by the heads of the managing authorities of the programmes concerned.

(2) grants for the implementation of community-led approach "local development", hereinafter referred to as the "VOMR" approach is provided by the bodies referred to in para. 1 on the basis of the presented by the local action group project proposal.

(3) grants for major projects and for joint action plan within the meaning of art. 100, respectively, of art. 104 of Regulation (EC) No 1303/2013 shall be granted by the authority under para. 1 after a decision on a major project, respectively decision on joint action plan in accordance with art. 102, according to art. 107 of that regulation.

(4) when a combination of grant to a financial instrument, the financial support is provided in accordance with art. 37 (7) of Regulation (EC) No 1303/2013.

Art. 25. (1) the grant is provided through:

1. selection of project proposals, including the integrated project proposals and project proposals on the basis of approved strategies for community-led local development, hereinafter referred to as "strategies for VOMR", as well as major projects within the meaning of art. 100 of Regulation (EC) No 1303/2013;

2. the direct provision of a particular beneficiary.

(2) through the selection procedure under para. 1, item 1 cannot participate and free financial aid shall not be granted to persons for whom there are circumstances for suspension from participation in a procurement procedure in accordance with the law on public contracts or who have not completed the disposal of the European Commission for the recovery of the unlawful and incompatible state aid.

Art. 26. (1) the head of the managing authority of the programme, respectively of the lead program establishes guidelines for each procedure and/or other document setting out the conditions for the application and conditions of implementation of approved projects. The documents must comply with the requirements of art. 59, para. 2.

(2) the documents referred to in para. 1 in part, laying down the conditions of application are being developed by the managing authority or by a local action group in the implementation of the VOMR approach in accordance with the approved by the Monitoring Committee of the program methodology and criteria used for the selection of operations, and on standard model, approved by order of the Deputy Prime Minister or the Minister responsible for the overall organization, coordination and monitoring of the management system of the ESIS.

(3) the draft documents under para. 1, before submitting them for approval, reconcile for compliance with the applicable state aid rules with the Minister of finance, designated by him.

(4) the draft documents under para. 1 under through the selection procedure shall be published on the website of the programme and in the MIS before submitting them for approval. The managing authority shall ensure that the persons concerned the possibility of written objections and proposals within a reasonable period, which may not be less than one week. For questions relating to public discussion, chapter v applies, section II of the administrative code.

(5) in the procedure by directly providing the managing authority of the programme sent drafts of documents in al. 1 the specific beneficiaries for suggestions and objections within a reasonable period, which may not be less than one week.

(6) the validated documents under para. 1 shall be published on the website of the relevant program in MIS, together with the notice of initiation, respectively, through the selection of particular beneficiaries are sent together with the invitation to take part in the procedure by direct provision and shall also be published on the page in MIS.

(7) after the opening of the procedure by selecting approved documents in al. 1 in part, laying down the conditions of application, may be amended only:


1. in the event of changes in European Union law and/or the Bulgarian legislation, in politics at European and/or national level based on the strategy document or in the program, which require the adaptation of documents in accordance with them;

2. to increase the financial resources of the procedure;

3. for an extension of the time limit for the submission of project proposals; cases in which it may be extended, the period shall be determined by the Act under art. 28, para. 1, item 1.

(8) candidate in a procedure may request clarifications on the documents referred to in para. 1 within three weeks before expiry of the time limit for applications. Explanations shall be approved by the head of the managing authority or person authorised by him. Explanations are given in respect of the conditions for application, do not contain an opinion on the quality of the project proposal and are mandatory for all candidates.

(9) the explanations under para. 8 shall be communicated in accordance with para. 6 within two weeks before the expiry of the time limit for applications.

Art. 27. (1) the administrative acts referred to in this chapter are contested before a court under the administrative procedure code, the administrative agreement is challenged in order to challenge the individual administrative act.

(2) Contestation of individual administrative acts and administrative contracts did not stop their implementation. The documents referred to in art. 26, al. 1 are contested within the time limit laid down for challenging the individual administrative act.

(3) judicial review under para. 1 shall not be subject to an individual administrative act, when the authority that issued the certificate and the beneficiary are in one administrative structure.

(4) not be subject to the self challenge action in the provision of grants. In the event of termination under art. 34, para. 4, item 2 the decision can be challenged within one week of notification pursuant to Chapter 10, section IV of the administrative code. The appeal does not suspend the further conduct of the procedure of providing grants.

(5) the administrative cases are heard and the Court a decision within two months and, in the case referred to in paragraph 1. 4, second sentence, in 20 days, from receipt of the opposition.

(6) in the contesting of the individual administrative acts State fees to be collected for court proceedings shall be proportionate and shall be fixed as a percentage on the material interest.

(7) the budgetary organizations within the meaning of § 1, item 5 of the additional provisions of the law on public finances shall be exempt from payment of State fees.

Art. 28. (1) the Council of Ministers shall determine, by by-law: 1. the detailed rules for the application of this chapter for the programming period;

2. rules for coordination between the managing authorities of the programmes lâvaŝite and local action groups in connection with the implementation of the VOMR approach for the programming period.

(2) the Deputy Prime Minister or Minister, responsible for the overall organization, coordination and monitoring of the management system of the ESIS, validate models of the form: pre-selection of concepts for project proposals, with the application form, project proposal application form with the project proposal for a systematic project and form an administrative contract. The Minister of Finance shall establish the model of the financial plan for the budget line.

Section Ii

The provision of grants through the selection

Art. 29. (1) the selection of the project proposals for which it provides grants, is carried out in accordance with the following principles: 1. free and fair competition;

2. equality and non-discrimination;

3. publicity and transparency.

(2) when through the selection procedure shall be carried out:

1. the evaluation of each project proposal, which includes:

(a) administrative assessment) compliance and eligibility;

(b) technical and financial evaluation);

2. classification of approved project proposals in descending order;

3. determination of project proposals, to which it provides funding.

Art. 30. (1) the date of commencement of proceedings under the provision of grants through the selection is the date of publication of the notice of initiation through selection by the procedure of art. 26, al. 6.

(2) through the selection Procedure can be found with two or more of the time limit for the submission of project proposals. In such cases, the starting date and the application deadline for the second and subsequent proceedings shall be indicated in the advertisement. In the setting of the deadline does not apply the minimum time limit under art. 32, para. 1.

Art. 31. (1) a preliminary selection of concepts for project proposals is carried out, where this is provided for in the documents referred to in art. 26, al. 1.

(2) the concepts of project proposals shall be submitted in the form submitted for pre-selection within one month from the date of publication of the notice of the initiation of the proceeding, unless it is determined in a longer period.

(3) the concepts of project proposals shall be evaluated within one month of the deadline for their submission criteria and order set out in the documents referred to in art. 26, al. 1. on the basis of the evaluation, the head of the managing authority approved candidates to be invited to participate in project proposals.


Art. 32. (1) the application form must be submitted within the period specified in the notice, respectively in the invitation under art. 31, para. 3, which may not be less than 60 days, and for infrastructure projects – 90 days. The situations in which they may apply shorter deadlines are determined by the Act under art. 28, para. 1, item 1.

(2) in the application form shall contain a draft proposal, which is being developed in accordance with the requirements of the documents referred to in art. 26, al. 1 and apply to it the documents.

Art. 33. (1) the assessment and ranking of proposals is carried out by the Commission, appointed by the head of the managing authority within two weeks of the closing date for the submission of tenders. In the integrated project proposals the Commission shall be appointed by the head of the managing authority's flagship program, in its composition must include representatives of other programs by providing grants.

(2) the Commission shall evaluate and rank project proposals within three months of its appointment, (a) in the cases under art. 30, para. 2-up to three months for each individual output unless an exception in order for the appointment is not referred to a longer period, which may not be longer than 4 months. The Commission's work ends with an evaluation report to the head of the managing authority of the programme or the flagship program.

(3) the structural composition and requirements for persons involved in the Commission, as well as the rules of her work are determined by the Act under art. 28, para. 1, item 1.

Art. 34. (1) on the basis of the checks carried out for administrative compliance and eligibility Commission under art. 33 shall draw up a list of project proposals, which are not admitted to the technical and financial evaluation. The list shall indicate the grounds for ineligibility. The list shall be published on the website of the programme concerned and, in a non-MIS to be communicated to each candidate included therein, by the order of art. 61 of the administrative code.

(2) where, on inspection under paragraph 1. 1 establish a lack of documentation and/or other irregularity, the Commission shall forward the notification to the applicant of the irregularity and shall set a reasonable time limit for their removal, which may not be less than one week. The notification contains information that the neotstranâvaneto of irregularities in the period may result in the termination of proceedings in respect of the applicant. Removal of irregularities may not lead to the improvement of the quality of the project proposal.

(3) an applicant whose project proposal is included in the list under para. 1 may object in writing to the head of the managing authority within one week of notification.

(4) the head of the managing authority shall take a decision on the merits of the objection within one week of its receipt, such as:

1. returns the project proposal for the technical and financial evaluation;

2. terminates the proceedings in respect of the applicant.

Art. 35. the technical and financial evaluation is carried out by criteria and methodology set out in the documents referred to in art. 26, al. 1. On the basis of the results the Commission under art. 33 shall draw up an evaluation report which includes:

1. list of the proposed funding for project proposals, ranked in order of their ranking, and the amount of grants, to be allocated to each of them;

2. list of spare project proposals, ranked in order of their ranking, which have successfully passed the assessment, but for which insufficient funding;

3. list of the proposed rejecting project proposals and the rationale for their rejection.

Art. 36. (1) within 10 days of the receipt of the assessment report with the documents annexed to it, the head of the managing authority:

1. Approves the report;

2. returns to conduct the report the evaluation and ranking of the stage where infringements are released when they are separable;

3. does not approve the report when in the procedure are allowed substantial violations.

(2) If an approved evaluation report applicants from the list under art. 35, paragraph 1, (a) in the cases under art. 37, para. 2 – and in the list under art. 35, item 2, shall be invited to submit within 10 days is evidence that qualify for the beneficiary, including the conditions set out in the documents referred to in art. 26, al. 1, if they are not attached to the application form.

(3) the head of the managing authority terminates the procedure:

1. in the cases referred to in para. 1, item 3;

2. when there is no incoming within project proposals or all submitted proposals have been withdrawn;

3. in the event of suspension of funding the programme concerned or in a part thereof.

Art. 37. (1) within two weeks of approval of the assessment report, according to the presentation of the evidence referred to in art. 36, para. 2, the head of the managing authority shall take a decision granting financial assistance under any project proposal included in the list under art. 35, item 1.

(2) in the residual financial resource, grants may be provided for project proposals in the list under art. 35, item 2 in order of their ranking.

(3) the decision of the head of the managing authority to provide grants to be objectified in the administrative agreement with the beneficiary, respectively in order. The administrative contract, respectively the order contains:

1. the name and registered office of the addressee – beneficiary of aid;

2. name, value, main activities, indicators and deadlines for implementation of the project for which the grant is awarded;


3. the maximum amount of the grant, as well as the program, the priority axis and the procedure by which it is provided;

4. offered, indicating what is the conditions for implementing the project;

5. the conditions for the recovery of financial support granted in the form of refundable aid in the cases under art. 4, al. (2);

6. where applicable, the information that grants of State aid limit or minimum, with indication of the Act of the European Union, according to which it is provided or approved.

(4) the approved project and the documents referred to in art. 26, al. 1 in part, laying down the conditions for implementation, are an integral part of the contract, respectively of the order.

Art. 38. Within 10 days of the approval of the assessment report, respectively, on the expiry of the time limit under art. 36, para. 2 the head of the managing authority shall issue a reasoned decision, which refused the granting of financial assistance:

1. for each project proposal, included in the list under art. 35, item 3;

2. the project proposal included in the list under art. 35, paragraph 1, according to art. 35, item 2 – when a disagreement of the applicant to enter into an administrative contract;

3. a candidate who does not meet the requirements for a beneficiary or has not delivered within evidence;

4. for project proposals, which provides financing in violation of art. 4, al. (4);

5. for project proposals under which State aid is illegal or exceed the threshold of permissible State aid or those laid down in the Act of the European Union thresholds for de minimis aid.

Art. 39. (1) the administrative contract, including the approved project with him, may be amended and/or supplemented at the initiative of the managing authority or at the request of the beneficiary, when this is based on the change in European Union law and/or the Bulgarian legislation, in politics at European and/or national level resulting from strategic document, or in the program.

(2) Approved by the administrative project contract may be amended and/or supplemented at a reasoned request of the beneficiary and outside the cases referred to in para. 1. the change may not result in a breach of the principles of art. 29, para. 1.

(3) where it is not possible to bring it into line with the change in the Al. 1, and in disagreement with her on the other side, the administrative contract can be unilaterally terminated.

(4) the financing with the grants shall be terminated unilaterally by the head of the managing authority when the beneficiary does not enter into a contract with the contractor within 12 months of the expiry of the period laid down for its conclusion. Cases in which this period shall be suspended, shall be determined by the Act under art. 28, para. 1, item 1.

(5) the head of the managing authority may unilaterally terminate the administrative contract and to prevent or remedy the serious consequences for the public interest.

(6) paragraphs 1 to 5 shall also apply when the grant was granted by order of the head of the managing authority.

Art. 40. (1) the selection of project proposals on the implementation of the VOMR approach is conducted by local action groups on the basis of approved strategies for VOMR.

(2) the approach VOMR shall apply to rural and fishing areas, and areas with specific characteristics, as defined by an act of the Council of Ministers on the proposal of the Minister of regional development and public works.

(3) VOMR strategies are being developed by local action groups with the participation of representatives of the public and the private local socio-economic interest in compliance with the requirement of art. 32, paragraph 2, point (b) of Regulation (EC) No 1303/2013. The strategies should have at least referred to in art. 33 (1) of the same regulation content.

Art. 41. (1) the selection of strategies for VOMR is carried out by a Committee appointed by the head of the managing authority of the programme responsible for the VOMR approach in accordance with the partnership agreement for the programming period. The Committee shall participate in at least one representative of each managing authority of the programme providing grants for the approach VOMR. The structural composition of the Committee shall be determined by the Act under art. 28, para. 1, item 2.

(2) the selection of strategies for VOMR takes place simultaneously for all means of ESIS, provided for the purpose of the VOMR approach, and based on the criteria approved by the Monitoring Committee of the program.

(3) the selection criteria shall be published on the Internet site of the managing authority and the MIS along with an invitation to participate in the process through the selection. Local action groups can present strategies in a period not shorter than one month of publication.

(4) the Committee referred to in paragraph 1. 1 assess and rank the presented within strategies in descending order. The head of the managing authority responsible for the VOMR approach, in consultation with the heads of the managing authorities of the programmes, providing financing, approve the strategies, which are provided by ESIS in order of their ranking. In the decision approving the strategy for VOMR and the allocation of funds from the ESIS in the funds and programmes.

Art. 42. (1) in the provision of grants for proposals in pursuance of strategies for VOMR shall apply the rules of this section in so far as not otherwise provided for the program or with the Act under art. 28, para. 1, item 2.

(2) the tasks of the local action groups under this Act shall be limited within the minimum requirements according to art. 34, paragraphs 3-5 of Regulation (EC) No 1303/2013.


(3) for the performance of its tasks, the local action group can be set up as an association under the law of non-profit legal entities or to designate one of the participants in it for administrative and financial lead actor in accordance with art. 34 (2) of Regulation (EC) No 1303/2013, unless otherwise provided in the partnership agreement for the programming period.

Section Iii

Directly provide grants

Art. 43. (1) in the procedure by direct provision grants shall only be granted to an applicant referred to in the programme under art. 3, al. 2 or in the document approved by the Monitoring Committee of the program as a specific beneficiary for the activity.

(2) grants under para. 1 shall be granted on the basis of:

1. project proposal, including integrated project proposal;

2. the project proposal for the system design;

3. financial plan for budget line;

4. a project within the meaning of art. 100 of Regulation (EC) No 1303/2013;

5. the joint action plan within the meaning of art. 104 of Regulation (EC) No 1303/2013 included with project proposals.

(3) grant for system designs may be made available to finance similar and repetitive activities related to the provision of services with national or regional coverage of persons and carried out by particular beneficiary pursuant to law. The Committee for monitoring the program previously approved funds, eligible activities and expenditures, the expected results and/or indicators and the duration of the project, for which the specific beneficiary applied for.

(4) the grants may be provided through budget line to a specific beneficiary of the administration of the Executive for funding of activities undertaken by the management of the funds from the ESIS within the conditions laid down in the relevant program funds for technical assistance.

Art. 44. (1) the project proposal, project proposal for systemic project financial plan for budget line, a project within the meaning of art. 100 of Regulation (EC) No 1303/2013 and the joint action plan within the meaning of art. 104 of that Regulation shall be submitted by the individual beneficiary under a relevant model for assessing the managing authorities.

(2) the evaluation of the project proposal, a major project within the meaning of art. 100 of Regulation (EC) No 1303/2013 and the joint action plan within the meaning of art. 104 of the same regulation shall be made within three months from the date of their submission or by the deadline for the submission of tenders, if one is specified in the documents referred to in art. 26, al. 1.

(3) the evaluation of the project proposal for a systematic project and a financial plan for budget line shall be carried out within one month from the date of their submission.

(4) when establishing irregularities, omissions and/or discrepancies of the documents referred to in para. 1 the managing authority shall send the beneficiary the individual notification of the irregularities, omissions and/or discrepancies and shall set a reasonable deadline for their removal, which may not be less than one week. The notification contains information that the neotstranâvaneto within them can lead to termination of the proceedings in respect of a particular beneficiary. The period referred to in para. 2 and 3 shall be suspended until the date of their removal.

(5) the assessment shall be carried out under the conditions laid down in the documents referred to in art. 26, al. (1) for the relevant procedure.

Art. 45. (1) in the case of a positive result of the assessment, the head of the managing authority within one week of the completion of the assessment, decide to:

1. the provision of grants for approved project proposal;

2. the provision of grants for systemic project;

3. approval of the budget line, under the terms of the approved financial plan;

4. send a large project within the meaning of art. 100 of Regulation (EC) No 1303/2013 for:

a) assessment by independent experts in accordance with art. 101, para. 3 of Council Regulation (EC) No 1303/2013 and for the notification pursuant to art. 102 (1) of that regulation;

(b) the approval by the European Commission) according to art. 102 (2) of Regulation (EC) No 1303/2013;

in the approval and notification) of the European Commission under art. 103, paragraphs 2-4 of Regulation (EC) No 1303/2013;

5. send a joint action plan for approval by the European Commission under art. 107 of Regulation (EC) No 1303/2013.

(2) the decision of the head of the managing authority to provide grants under para. 1, item 1 and 2 are objectified in the administrative agreement with the recipient, respectively in order that contain the requisites under art. 37, para. 3. the approved project and the documents referred to in art. 26, al. 1 in part, laying down the conditions for implementation, are an integral part of the contract, respectively of the order.

(3) paragraph 2 shall also apply to the approval of the budget line.

Art. 46. (1) the head of the managing authority terminates the procedure through direct provision of grants:

1. when there is no incoming project proposals, in the event that the specified deadline for submission or when all submitted proposals have been withdrawn;

2. the suspension of funding for the program or a portion of it.

(2) except in the cases referred to in paragraph 1. 1 procedure by direct provision of the grant may be suspended and in respect of a particular beneficiary who does not resolve within irregularity, incomplete and/or non-compliance with the requirements.


(3) where there is no set deadline for submission, the head of the managing authority may suspend the adoption of the proposals, in the event that the total value of approved projects exceeds the financial resources of the procedure.

Art. 47. (1) the administrative contract, according to the order, including the approved projects with them, may be amended and/or supplemented at the initiative of the managing authority or at the request of the beneficiary, when this is based on the change in European Union law and/or the Bulgarian legislation, in politics at European and/or national level resulting from strategic document, or in the program.

(2) the approved project may be amended and/or supplemented at a reasoned request of the beneficiary and outside the cases referred to in para. 1.

(3) the financing plan for the budget line is updated annually on the basis of the assessment carried out by the beneficiary of its implementation or in circumstances occurred which lead to a change of the necessary financial resources. The updated financial plan shall be provided by the beneficiary for approval by the head of the managing authority.

(4) requests for amendment and/or addition to the joint action plan shall be sent to the European Commission after their approval by the Management Committee under art. 14, para. 3.

Art. 48. (1) the administrative contract can be unilaterally terminated when it is not possible to bring it into line with the change in art. 47, para. 1, as with the other party's disagreement with her.

(2) the financing with the grants shall be terminated unilaterally by the head of the managing authority when the beneficiary does not enter into a contract with the contractor within 12 months of the expiry of the period laid down for its conclusion. Cases in which this period shall be suspended, shall be determined by the Act under art. 28, para. 1, item 1.

(3) the head of the managing authority may unilaterally terminate the administrative contract and to prevent or remedy the serious consequences for the public interest.

(4) paragraphs 1 to 3 shall also apply when the grant was granted by order of the head of the managing authority.

Chapter four

SPECIAL RULES for the DETERMINATION of the ARTIST by BENEFICIARIES of GRANTS

Art. 49. (1) the beneficiaries of grants may instruct executives – external to them, implementation activities and/or the management of the project, where this is provided for in it for the activity.

(2) For the definition of a contractor for construction activities, services and/or supplies of goods – the subject of a public service contract within the meaning of the public procurement Act, shall apply the rules laid down in:

1. Public Procurement Act – where the beneficiary is a contracting authority within the meaning of the same law;

2. This chapter – where the beneficiary is not a contracting authority within the meaning of the public procurement Act.

(3) the rules of paragraphs 1 and 2. 2 do not apply where a performer is defined a person who has been the subject of evaluation as an expert for the approval of the project in accordance with Chapter III and/or employed in an employment or service of the beneficiary. When the activity of the implementation and/or management of the project takes place outside established working hours and job description of the person she is assigned by the appointing authority or employer for remuneration under the conditions and in accordance with procedures laid down by the Act under art. 59, para. 1.

Art. 50. (1) the beneficiaries under art. 49, para. 2, item 2 shall determine performer after the selection procedure with a public invitation in accordance with the principles of free and fair competition, equality and non-discrimination.

(2) the procedure for the election with the public call is held, where the amount of the grant is more than 50 per cent of the total amount of the approved design and the estimated value for:

1. construction, including co-financing by the beneficiary, without value added tax, is equal to or greater than EUR 50 000;

2. the deliveries or services, including co-financing by the beneficiary, without value added tax, is equal to or greater than $ 30,000.

(3) the procedure for the election of public call takes place and where the amount of the grant is equal to or less than 50 per cent of the total amount of the approved project, if this is a requirement of the managing authority to the beneficiary.

(4) the beneficiaries do not conduct selection procedure with a public invitation for the acquisition or rental of land, existing buildings or other real estate, as well as in the establishment of limited real rights, except for those transactions-related financial services.

(5) the beneficiaries do not conduct selection procedure with a public invitation, when the award of the contract to another person would result in a breach of copyright or other intellectual property rights, or of exclusive rights acquired by virtue of the law or of the administrative act. In this case, the beneficiary shall notify in advance the managing authority.

Art. 51. (1) the public call shall contain at least the following information:

1. data for the beneficiary;

2. object and a description of the subject-matter of the procedure and the requirements for the performance of construction, service and/or the supply of goods;

3. requirements for tenders and the criteria for their evaluation;

4. place and deadline for the submission of tenders, the deadline shall be not less than 7 days from the publication of the invitation.


(2) the technical specification, if any, and the draft contract are an integral part of the public invitation.

(3) the beneficiaries may include in the notice requirements for the economic and financial situation and the technical possibilities and/or the qualifications of the candidates for the artist.

(4) the beneficiaries may not include in the invitation conditions that prevent unreasonable participation of individuals in the procedure, as well as information, guidance to a specific make or source, process, trade mark, patent or similar, which would result in favouring or eliminating certain persons or products, and when given the specificity of the object this is objectively impossible, after their designation shall be added the words "or equivalent".

Art. 52. (1) the public call shall be made by the beneficiaries under art. 49, para. 2, item 2 and published the single information portal.

(2) until the expiry of the time limit for the submission of tenders shall ensure public access to the invitation in the single information portal.

(3) any explanation on the invitation, given at the request of the applicants for the contractor, shall be published in accordance with para. 1 in the single information portal.

Art. 53. (1) an offer may be submitted any Bulgarian or foreign natural or legal persons, and their associations.

(2) performers may not be certain persons for whom there are circumstances for suspension from participation in a procurement procedure in accordance with the law on public procurement.

(3) the determination of the performer shall be carried out in compliance with the requirements of effectiveness, efficiency and economy in the expenditure of ESIS, as beneficiaries under art. 49, para. 2, item 2 shall conclude a contract with the applicant for a performer, delivered the most economically advantageous tender.

(4) the most economically advantageous tender shall be determined in accordance with the criteria laid down in the public call, which can be: lowest price; level of expenditure, taking into account cost-effectiveness, including the cost of whole life cycle; optimal proportion quality-price.

Art. 54. the rules for examination and evaluation of tenders and award of contracts in the procedure for selecting the public call shall be determined by the law of the Council of Ministers.

Chapter five

FINANCIAL MANAGEMENT AND CONTROL

Section I

General terms and conditions and eligibility of expenditure

Art. 55. (1) the grant and the refundable aid may be granted in the form of:

1. reimbursement of actual eligible costs incurred and paid together with the contribution in kind and costs for depreciation, where applicable;

2. table of standard unit costs;

3. the lump sums not exceeding the equivalent in LEVs of 100 000 euros public contribution;

4. funding at a single rate, determined by applying the percentage to one or a few specific categories of expenditure.

(2) the forms referred to in paragraph 1. 1 may be combined only where each of them covers a different category of costs.

Art. 56. (1) the Financial support is provided, and it can be used for the financing of the costs that are eligible under the applicable law for the programming period of the European Union, the provisions of this section, the acts on its application and other relevant provisions of the Bulgarian legislation.

(2) in combination with grants refundable aid or awards costs are considered eligible if they are carried out in accordance with the rules on the form of financial support and, in combination with financial instrument – in accordance with art. 37 (7) of Regulation (EC) No 1303/2013.

Art. 57. (1) the costs are considered eligible if the following circumstances are simultaneously present:

1. the activities corresponding to the selection criteria for operations and carried out by eligible beneficiaries under the programme concerned under art. 3, al. (2);

2. the costs fall in included in the documents referred to in art. 26, al. 1, and in the approved project cost categories;

3. the costs are actually delivered products, services and construction activities;

4. costs are carried out lawfully under the applicable law of the European Union and the Bulgarian legislation;

5. the costs are reflected in the accounting records of the beneficiary through separate accounting analytical accounts or in a separate accounting system;

6. the costs incurred for the audit trail is available in accordance with the minimum requirements of art. 25 of the delegated Regulation (EU) no 480/14 of 3 March 2014 to supplement Regulation (EC) No 1303/13 of the European Parliament and of the Council laying down general provisions on the European regional development fund, the European Social Fund, the Cohesion Fund, the European agricultural fund for rural development and the European Fund for fisheries and Maritime Affairs and laying down general provisions on the European regional development fund , The European Social Fund, the Cohesion Fund and the European Fund for fisheries and Maritime Affairs (OJ L 138/5 of May 13, 2014) and the requirements for storing of documents pursuant to art. 140 of Regulation (EC) No 1303/2013;

7. the costs are consistent with the relevant rules for the granting of State aid.

(2) are not eligible expenditure for projects or activities that are physically completed or fully implemented prior to the submission of the application form by the recipient, whether all of the associated payments are effected by it.

(3) the amount of the awards as eligible expenditure shall not be bound by the underlying costs of participants in the contest.


Art. 58. (1) unless otherwise provided, the costs are eligible if they are paid within the period of eligibility of expenditure for that programming period. In the cases under art. 55, para. 1, 2 and 3 are eligible costs if the action constituting the basis for the recovery, are carried out within the period of eligibility.

(2) the Eligible costs of the projects are carried out within the programme area of the program under art. 3, al. 2 or under the conditions of art. 70 of Regulation (EC) No 1303/2013, when performed outside the programme area.

Art. 59. (1) in so far as the law is not otherwise provided for in art. 3, al. 2, specific national rules and the detailed rules on the eligibility of expenditure for the relevant period shall be determined by the law of the Council of Ministers.

(2) for each program procedure under art. 3, al. 2 set:

1. the eligible categories of expenditure, and the maximum amounts of the costs, if any;

2. the method to be applied to the determination of expenditure and the conditions for the payment of grants and recoverable assistance when they apply for forms of art. 55, para. 1, item 2-4;

3. in projects that generate revenue – the method by which the net income shall be deducted from the cost of the project;

4. the specific conditions to meet the cost, to be treated as eligible, including the conditions under which the project is deemed to be made outside the programme area.

Section II

Payments, verification and certification of expenditure

Art. 60. (1) the managing authorities carry out advance, interim and final payments based on the request of the beneficiary.

(2) documentary evidence which the beneficiary apply to its request for the carrying out of the relevant payment shall be determined by the documents referred to in art. 26, al. 1. (3) the costs shall prove on the basis of the certified invoices and/or accounting documents of equivalent probative value and the other documents required under the applicable Bulgarian law, except in the case of reporting of costs by the forms of art. 55, para. 1.2-4 and the financial support for financial instruments.

(4) the beneficiary of the payments cannot be deducted, withheld or charged a fee or other amount of equivalent effect.

Art. 61. (1) the advance payments shall be carried out, where these are provided in the documents referred to in art. 26, al. 1. Advance payment shall be made within two weeks from the date of receipt of the request of the beneficiary in the managing authority, unless it is no longer listed in the documents referred to in art. 26, al. 1.

(2) Beneficiaries submit securities for advances under conditions determined by the Act under art. 7, para. 4, item 3.

(3) where the beneficiary is not applied the document required for the operation of the advance payment or does not submit the guarantee, the managing authority shall invite him to submit them. The period referred to in para. 1 shall be suspended until the date of their submission.

Art. 62. (1) the Intermediate and final payments will be made after verification to confirm the eligibility of expenditure and in the presence of the physical and financial progress of the project. The managing authority shall make the payment within 90 days of receipt of the request for payment to the beneficiary.

(2) Through interim and final payments are non-refundable, only eligible expenses, verified by the managing authority.

(3) the managing authority shall carry out the verification of expenditure on the basis of examination of the documents submitted to the demand for payment, and the on-the-spot checks where applicable.

Art. 63. (1) the managing body may require further submission of documents relating to requests for interim and final payments as well as the clarifications by the beneficiary where:

1. the amount included in the request for payment is not payable;

2. I have submitted certified invoices and/or accounting documents of equivalent probative value, or other required documents proving the carrying out of activities in accordance with the conditions of admissibility referred to in section I;

3. There is a suspicion of irregularity relating to the expenditure concerned;

4. the documents submitted for the physical and financial progress of the project are incorrectly filled in or do not contain all the required information.

(2) for the submission of documents and interpretations under para. 1 the managing body shall set a reasonable time limit, which may not be longer than one month. The time limit under art. 62, para. 1 shall be suspended pending the submission of the documents and explanations, but for not more than one month.

Art. 64. (1) if the beneficiary fails to submit on time documents or clarifi cations under art. 63, the corresponding values are not verified, and may be included in a subsequent request for payment.

(2) in the event that the beneficiary does not make a request for final payment within one month of the completion of all project activities, verification may be carried out ex officio by the managing authority on the basis of the carried out by him on-the-spot check.

Art. 65. (1) the managing authority shall provide the relevant certification authority electronically reports, certification statements for eligible expenditure and information about the implemented procedures and verifications carried out in relation to expenditure verificiranite.

(2) in the Al. 1 shall include only verified and paid out to the beneficiaries costs. Exceptionally, where such documents shall be submitted in the month of December of the financial year, the managing authority can tap into them and verified expenses are not paid out to the beneficiary.


Art. 66. (1) the certification authority certifies expenditure, after verification of the information provided by the managing authority information and acquire enough confidence for the eligibility of expenditure declared.

(2) within one month of receipt of the documents referred to in art. 65, para. 1 certification body shall draw up and forward to the Commission an application for payment in accordance with the requirements of art. 131 of Regulation (EC) No 1303/2013 only for eligible expenses under each of the programs under art. 3, al. 2. (3) the certifying authority may deny certification or not to carry out certification in respect of specific costs included in the documents referred to in art. 65, para. 1, when:

1. the established deficiencies in the management and control systems of managing authority;

2. verificiranite costs do not meet the conditions for eligibility.

(4) within one week after the sending of the payment application certification authority shall inform the managing authority concerning the size of the European Commission's recovery costs. In the notification, and shall indicate the costs a non-certified, and the reasons for it.

Art. 67. in carrying out the activities of certification the certification authority employees shall enjoy the rights of employees in the audit authority in accordance with the law on internal audit in the public sector and to carry out checks on the beneficiaries and their managing authorities, where this is necessary for the performance of the activity.

Art. 68. The programmes financed by the European regional development fund, the European Social Fund and the Cohesion Fund, the relationship between the beneficiaries, the managing and certifying authorities in connection with the procedures laid down in this section shall be determined by the acts referred to in art. 7, para. 4, item 3 and 4.

Section Iii

Administration of irregularities and making financial corrections

Art. 69. (1) the managing authorities carry out procedures for the administration of irregularities within the meaning of art. 2, item 36 and 38 of Regulation (EC) No 1303/2013.

(2) the procedure for the administration of the irregularity began on the initiative of the managing authority of the programme or the signal.

(3) where, in connection with the implementation of activities under this law authorities establish sufficient data on irregularities, they signal to the managing authority of the programme.

(4) managing authorities may start the procedure for the administration of the irregularity and at the signal given by a natural or legal person when it contains enough data about irregularities.

(5) managing authorities maintain a register in which the fit and the received signals of these irregularities affecting means of ESIS.

(6) the circumstances subject to entry in the register under para. 5 the procedure for the verification of identification of irregularities and reporting irregularities to the AFKOS shall be determined by the law of the Council of Ministers.

Art. 70. (1) the financial support with funds from ESIS might be canceled in whole or part by performing a financial correction on the following grounds:

1. where, in respect of the beneficiary, there is a conflict of interests within the meaning of art. 57 of Regulation (EC) no 966/2012;

2. violation of the rules on State aid within the meaning of art. 107 of the Treaty on the functioning of the European Union;

3. for breach of the principles of art. 4, paragraph 8, art. 7 and 8 of Regulation (EC) No 1303/2013;

4. for the violation of the requirement for durability of operations in the cases and within the limits of art. 71 of Regulation (EC) No 1303/2013;

5. for the project or any part thereof is not available audit trail and/or analytical cost accounting in the accounting system maintained by the beneficiary;

6. the information and communication measures, mandatory for beneficiaries;

7. for failure to comply with the approved indicators;

8. When did the occasional income in respect of the implementation of the project;

9. another irregularity constituting a violation of the law of the European Union and/or the Bulgarian legislation, committed by an act or omission on the part of the beneficiary which has, or would have, the effect of the application of the injury of ESIS.

(2) cases of irregularities for which financial corrections are made under para. 1, item 9, shall be specified in the legal instrument of the Council of Ministers.

Art. 71. (1) by carrying out financial corrections shall be repealed information provided in chapter three financial support with funds from the ESIS or decreases the amount of funds expended – eligible expenditure under the project, in order to achieve or restore a situation in which all expenditure certified to the Commission are in accordance with the applicable European Union law and national legislation.

(2) a financial correction may be done for the entire project or for a separate activity, a separate contract with the contractor or for individual values.

(3) the total amount of the financial corrections to the project may not exceed the amount of real information provided financial support.

(4) for the same irregularity can be applied only once a financial correction.

(5) a financial correction Work is the basis for the completion of the procedure for the administration of the irregularity of the same violation.

Art. 72. (1) in determining the amount of financial corrections taking into account the nature and gravity of the violation of the law of the European Union and the Bulgarian legislation and its financial implications for the funding of ESIS.

(2) the amount of the financial correction shall be equal to the real financial implications of the irregularity established on expenditure – eligible expenditure.


(3) where by reason of the nature of the infringement, it is impossible to give a quantification of the financial implications, for the determination of the financial adjustment shall apply the percentage indicator to those affected by the breach expenditures. The specified percentage indicator in the first sentence shall also apply to those affected by the breach costs included in subsequent requests for payments.

(4) the minimum and maximum values of the percentage indicators are determined by akta under art. 70, para. 2.

Art. 73. (1) the financial correction is determined on the basis and the size by reasoned decision of the head of the managing authority which has approved the project.

(2) prior to the issuance of the decision on para. 1 the managing authority shall ensure that the beneficiary to submit within a reasonable period, which may not be less than two weeks, their written observations on the merits and the amount of financial correction and, where appropriate, to apply the evidence.

(3) the decision on para. shall be issued within one month of the submission of objections under para. 2, as in his reasoning discussion presented by the beneficiary and its objections.

(4) the decision referred to in paragraph 1. 1 may be challenged before a court pursuant to the administrative code, as in the court dispute shall apply mutatis mutandis the provisions of art. 27, al. 3 and para. 5-7.

Art. 74. Under the conditions and for the reasons referred to in art. 99 of the administrative code with a decision under art. 73, para. 1 financial correction may be augmented by the head of the managing authority and on a proposal from the certifying authority or audit. For the resumption of the proceedings shall apply accordingly the terms and order of chapter seven of the administrative code.

Art. 75. the financial adjustment shall be made by payment, which includes the costs of the infringement or the next it during an interim or final payment, but when this is impracticable-through the exercise of rights in the collateral beneficiary under art. 61, para. 2. Judicial contestation of the decision has defined the financial correction, not stopping payment.

Art. 76. (1) after the final payment under the project neizv″ršenite financial corrections are publicly making in accordance with art. 162, para. 2, item 8 of the tax-insurance procedure code.

(2) the financial corrections laid down the beneficiaries – budgetary organisations within the meaning of § 1, item 5 of the additional provisions of the law on public finance, are charged to the budget of the authorising officer by delegation with a budget, in whose structure is the beneficiary, and are reimbursed under the relevant accounts for funds from the ESIS under the same law.

Art. 77. (1) where by the European Commission or the audit authority weaknesses in the management and control system of the programme under art. 3, al. 2 the head of the managing authority may adjust the costs submitted for certification to the European Commission, using a flat-rate or extrapolated financial correction.

(2) the costs under paragraph 1. 1 shall be borne by the budget of the authorising officer by delegation with a budget, in whose structure is the managing authority.

Chapter six

ADMINISTRATIVE PENAL PROVISIONS

Art. 78. (1) an official in the management or control body, which in the course of their duties allow guilty violation of provided for in this law, the time limit is punishable by a fine of 50 to 1000 BGN, and for repeated infringement – with a fine of 100 to 2,000 BGN.

(2) the offences referred to in paragraph 1. 1 shall be laid down by regulations drawn up by inspectors in the inspectorates under the administration.

(3) the penal provisions shall be issued by the head of administration or organisation whose structure is the authority for management or control, or by a person designated by him.

Art. 79. The establishment of the offences, the issuance, the appeal and the implementation of the penal provisions shall be carried out in accordance with the law for the administrative offences and sanctions.

ADDITIONAL PROVISIONS

§ 1. Within the meaning of this law:

1. "administrative agreement" expressly request the head of the managing authority for the granting of financial support by means of ESIS, by virtue of which, and with the consent of the beneficiary are created for the beneficiary's rights and obligations in the implementation of the approved project. The administrative contract is formed in a written agreement between the head of the managing authority and the beneficiary, replacing the issue of an administrative act.

2. ' Refundable aid funds are allocated to a beneficiary subject to recovery without interest on the funds.

3. "integrated project proposal" is the project proposal for the provision of grants for two or more programs under art. 3, al. 2, one of which is designated for the lead.

4. "local action group" is the local action group and the local initiative group under the fisheries partnership agreement, outlining the assistance from the European structural and investment funds for the period 2014-2020.

5. the "Awards" are financial resources allocated as a reward after a competition by the managing authority or the beneficiary of the grant.

6. Programme area "is a concept within the meaning of art. 2, point 7 of Regulation (EC) No 1303/2013.

7. "financial instruments" is a concept within the meaning of art. 2, item 11 of Regulation (EC) No 1303/2013.


§ 2. (1) the rules for the provision of grants and apply for funds from the ESIS provided as recoverable assistance, unless otherwise provided in this Act.

(2) for the granting of financial support in the form of refundable aid in the documents referred to in art. 26, al. 1 shall be determined and the conditions under which it is subject to full or partial reimbursement by the beneficiary.

§ 3. (1) for prizes provided by ESIS contests are held, subject to the requirements for publicity, transparency and equal treatment laid down by the legislation of the Council of Ministers.

(2) the means of ESIS for the awards are conferred on the beneficiary under the terms of chapter three.

§ 4. (1) For the rural development programme the functions of management and control authorities under this law shall be implemented by the Ministry of agriculture and food, and by State Fund "Agriculture" – paying agency, as provided for in the law to help farmers and its implementing acts.

(2) For the Al. 1 the information under art. 21, para. 1 you enter, collect and systematize the integrated administration and control system in accordance with chapter three of the law on support to farmers.

(3) grants under the programme referred to in paragraph 1. 1 shall be granted under the conditions and in accordance with this law, unless otherwise provided in Regulation (EC) no 1305/13 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European agricultural fund for rural development (EAFRD) and repealing Regulation (EC) No 1698/2005 (OJ , L 349/489 of 20 December 2013) and Regulation (EC) no 1306/13 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Regulations (EEC) no 352/78 (4), (EC) No 165/94, (EC) No 2799/98, (EC) no 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347/559 of 20 December 2013) in the law on support to farmers or in the Act in its application.

(4) for the programming period 2014-2020 VOMR approach does not apply to the settlements, supported by the sustainable urban development.

§ 5. Unless otherwise provided in the applicable European legislation and for them in contracts concluded between the treaties ratified, promulgated and entered into force for the Republic of Bulgaria, this law shall also apply for financial support under the European territorial cooperation programmes, as follows:

1. the information referred to in art. 21, para. 1 is introduced, collect and systematize the information systems created and maintained for the relevant programmes for European territorial cooperation;

2. the special rules for the determination of the artist in chapter IV shall apply and the beneficiaries – partners in the programmes of the Republic of Bulgaria;

3. the organisation of the bank accounts and making payments to the beneficiaries, verification and certification of expenditure, recovery and write-off of irregular expenditure and the posting of the programmes shall be determined by the Act under art. 7, para. 4, paragraph 4;

4. the managing authorities in making financial corrections applied categories of irregularities and the minimum and maximum values of the percentage indicators defined in this law and the Act under art. 70, para. 2.

§ 6. Regional inspectorates of education, State and municipal kindergartens, schools and auxiliary units in accordance with the Education Act and State higher education institutions and scientific organizations under the law on higher education can participate in the technical and/or financial implementation, including to carry out expenditure on projects with specific beneficiary-Ministry of education and Science funded under the operational programme "Science and education for smart growth" 2014-2020 and operational programme regions in growth "2014-2020. When this is provided for in the methodology and criteria used for the selection of operations, subject to the rules to avoid double funding and for the eligibility of expenditure.

§ 7. (1) this Act provides for measures for the implementation of Regulation (EC) No 1303/13 of the European Parliament and of the Council of 17 December 2013 for the determination of common provisions on the European regional development fund, the European Social Fund, the Cohesion Fund, the European agricultural fund for rural development and the European Fund for fisheries and Maritime Affairs and laying down general provisions on the European regional development fund , The European Social Fund, the Cohesion Fund and the European Fund for fisheries and Maritime Affairs, and repealing Council Regulation (EC) No 1083/2006.

(2) the provisions of this law shall apply, in compliance with the requirements of delegated acts and implementing acts adopted by the European Commission under Council Regulation (EC) No 1303/2013.

TRANSITIONAL AND FINAL PROVISIONS

§ 8. (1) within 6 months of the entry into force of this law the Council of Ministers shall adopt or adapt it in accordance with the normative acts for its implementation.

(2) by the Cabinet of Ministers Adopted regulations governing social relations that are subject to this Act, shall retain its action in respect of the programming period 2007-2013.

(3) Regulations under subsection. 2 shall apply to the adoption of the acts under paragraph 1. 1 and for the programming period 2014-2020, in so far as they do not contravene this law.


(4) within one month from the entry into force of this law, the Deputy Prime Minister for EU funds and economic policy and the Minister of finance approves the samples under art. 28, para. 2.

§ 9. The person who manages a Fund of funds, and shall carry out the functions of Jessica holding fund to instruments of financial engineering under the operational program "competitiveness of the Bulgarian economy" and operational programme "regional development" co-financed by the European Regional Development Fund for the programming period 2007-2013, after the expiry of the period of validity of the financial framework and the agreements concluded between the Republic of Bulgaria and the European Investment Fund and Jeremie initiative between the Republic of Bulgaria and the European Investment Bank by Jessica initiative.

§ 10. (1) Ongoing and unfinished until the entry into force of this Act, the proceedings shall be interrupted in the previous row.

(2) Proceedings Pending the entry into force of this law the court proceedings on complaints against allegations of financial corrections to the head of the managing authority is finished by the order of art. 27, al. 1 and al. 5-7.

§ 11. The funds of the person who manages a Fund of funds available to the entry into force of this Act shall be transferred to an account at the Bulgarian National Bank.

§ 12. In the law of internal audit in the public sector (official SG. 27 of 2006; amend., SG. 64 and 102 in 2006, issue 43, 69, 71 and 110 in 2008, issue 42, 44, 78, 80, 82 and 99 from 2009, 54/2010 8/98 and by 2011, no. 50 by 2012 and 15 from 2013) following amendments and supplements shall be made :

1. In art. 41 items 1 and 2 are amended as: "1. audits of systems audits and audits of operations reports on all operational programmes co-financed by the European regional development fund, the Cohesion Fund, the European Social Fund, the European Fund for fisheries and Maritime Affairs and the Fund for European assistance to the most needy persons;

2. issuance of a declaration of the end of the program, co-financed by the funds of the European Union. "

2. In art. 42 accordingly, the words "the Declaration certificate ' shall be replaced by" Declaration ".

3. In art. 43, the words ' the structural funds, the Cohesion Fund and the pre-accession funds of the European Union ' shall be replaced by "the European regional development fund, the Cohesion Fund, the European Social Fund, the European Fund for fisheries and Maritime Affairs and the Fund for European assistance to the most deprived persons".

4. In art. 44 para. 1 is repealed.

5. In art. 48, para. 2, paragraph 1, after the word "manuals" is added "internal audit".

The law was passed by the National Assembly-43 on 10 December 2015 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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