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The Law On The Financing Of Projects In The Field Of The Structural Funds For The Development Of The Regions And The

Original Language Title: Laki alueiden kehittämisen ja rakennerahastohankkeiden rahoittamisesta

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On the financing of regional development and Structural Funds projects

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In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Scope

This law shall apply to aid for the development of the regions financed by the national funds earmarked for financing national research and development projects on rural development or rural development.

This law shall apply to payments under Articles 6 to 8 of the European Union's Structural Funds and the corresponding national funds for sustainable growth and jobs in the period 2014-2020 to the implementation of the Finnish Structural Funds Programme, unless the European Union Subject to the legislation.

The provisions of Chapter 3 shall apply to sustainable growth and jobs in the period 2014-2020 to the implementation of the Finnish Structural Funds programme in all administrative areas implementing the programme and in all the intermediate institutions, in addition to the applicable , subject to European Union legislation.

This law shall apply to the implementation of cooperation programmes under the European territorial cooperation objective, unless European Union law or State aid law (2002) -subject. (20,2015/141)

Articles 14 and 42 of this Act shall apply to the implementation of the operational programme of the European Fund for the benefit of the most deprived persons. (20,2015/141)

ARTICLE 2
Definitions

For the purposes of this law:

(1) With structural funds The resources of the Structural Funds allocated by the European Commission from the eu budget to Finland;

(2) Under the Structural Funds programme Sustainable growth and jobs for the 2014-2020 op;

(3) County development money Appropriations entered in the State budget exclusively for the development of the national territories;

(4) Appropriations for rural research and development projects Funds allocated to rural development by the Ministry of Employment and the Economy;

(5) National public funding The financing, benefit or performance identified by the State, the municipalities and other public entities, which can be defined as money;

(6) With self-financing The private or public funds or contributions in kind managed by the applicant for the implementation of the project by the applicant in its ordinary course of action;

(7) With support A grant awarded through the State or the European Union or both of these funds;

(8) State aid Aid, financing or any other advantage within the meaning of Article 107 (1) of the Treaty on the Functioning of the European Union;

(9) With de minimis aid Aid, financing or other benefit granted by the Member State of the European Union as referred to in the Commission Regulation on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union;

(10) Development project A fixed-term project-based development plan, the main purpose of which is not to provide an immediate financial advantage to the beneficiary;

(11) Investment, The construction, extension, repair or acquisition of a building, structure or structure, and the acquisition of other tangible or intangible fixed assets;

(12) Region Provincial division law (189/1997) The regions of the province or the territorial authorities of the State, as well as the national territory of mainland Finland;

(13) Structural Funds project A project co-financed by the Structural Funds for the implementation of the Structural Funds programme;

(14) By an intermediate body The authority which, acting on behalf of the administrative or certifying authority, conducts tasks relating to beneficiaries; and

(15) General regulation The European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund, and the European Regulation (EU) of the European Parliament and of the Council laying down general provisions on the Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 No 1303/2013

ARTICLE 3
Authorities

The aid referred to in Articles 6 to 8 of this Act may be granted by the Ministry of Employment and the Economy, the Ministry of Social Affairs and Health, the provinces of the provinces and the means of life, transport and the environment, as provided for in this Act. These authorities will then act in the State Aid Act. (2002) As State aid authorities.

§ 4
Application of the State Aid Act

The aid provided for in this Act shall apply to what is provided for in the State Aid Act, unless otherwise specified.

§ 5 (20,2015/141)
Aid beneficiaries

The aid may be granted to a legal person governed by public law or private law.

The aid may be granted to more than one beneficiary jointly.

For cooperation programmes under the European territorial cooperation objective, the aid shall be granted to more than one beneficiary, except for technical assistance projects.

More detailed provisions may be laid down by the Government Decree on the beneficiaries of the aid.

Chapter 2

Support procedure

ARTICLE 6
Aid granted by the ministries

The Ministry of Employment and the Economy may allocate part of the provincial development money and national national rural research and development projects for more than one region or national level, Regional or rural development projects. Projects may also be carried out by the Ministry itself.

The Ministry of Employment and the Economy may allocate part of the European Regional Development Fund (erdf) and the European Social Fund (esf) and the corresponding State resources under the Structural Funds programme for more than one region Projects and technical assistance projects for the Structural Funds. Projects may also be carried out by the Ministry itself.

The Ministry of Social Affairs and Health may grant aid from the European Social Fund allocated to it and the corresponding State resources to support national, more than one regional Structural Fund programme Development projects and technical assistance projects for the Structural Funds. Technical assistance projects may also be carried out by the Ministry itself. (20,2015/141)

More detailed provisions on the granting of aid and use of the aid can be provided by a Council regulation.

§ 7
Aid granted by provincial federations

The provincial federations may grant the provincial development money and the European Regional Development Fund (erdf) and the corresponding national funds:

1) development projects for the development of the regions and the promotion of cooperation between local authorities in the region ( Regional development aid ); in the development project, investments may not exceed half of the total eligible costs of the project;

2) the acquisition or modification of fixed assets for the purpose of developing the infrastructure ( Investment aid for basic infrastructure );

(3) The Ministry of Education and Culture only covers development and investment projects co-financed by the European Regional Development Fund.

Projects co-financed by the European Regional Development Fund must be in line with the Structural Funds programme.

Land associations may also grant regional development aid to projects carried out by the Association of the Province of the Province, such as technical assistance projects for the Structural Funds.

More detailed provisions on the granting of aid and use of the aid can be provided by a Council regulation.

§ 7a (20,2015/141)
Granting of aid under the European territorial cooperation objective

In the cooperation programme for the European territorial cooperation objective, the Regional Union of the Provincional Association of Regional Development Authorities will grant European regional development assistance to projects under the cooperation programme throughout the programme area. It may also grant national support for Structural Fund resources to a project in the region of the region. In the case of cooperation programmes under the European territorial cooperation objective where the administrative and certifying authority operates in another Member State, the Regional Union of the Province of Programming grants a financial contribution corresponding to the Structural Funds. For a project located in the territory of the province or to a recipient of foreign aid in the programme area, provided that the associations of the provinces of the region concerned so agree.

§ 8
Aid granted by means of food, transport and environmental centres

The Centre for Enterprise, Transport and the Environment may provide support for the implementation of the Structural Funds programme:

1) for environmental and natural resource development projects co-financed by the European Regional Development Fund; in the development project, investments may not exceed half of the total eligible costs of the project;

(2) development and investment projects for transport and infrastructure co-financed by the European Regional Development Fund;

3) Development projects co-financed by the European Social Fund to promote employment and skills and social inclusion.

The competent industry, transport and environment centre may award part of the European Regional Development Fund and the European Social Fund and the corresponding national state resources to technical assistance projects and other aspects of the Structural Funds. The projects themselves.

More detailed provisions on the granting of aid and use of the aid can be provided by a Council regulation.

§ 9
Appropriations and their regional allocation

Support may be granted within the limits of the appropriations entered in the State budget.

The State Council decides on the allocation of funds allocated to the State budget by region.

More detailed provisions on the allocation of funds may be laid down by a Council regulation.

ARTICLE 10
General conditions for granting aid

The aid must be justified in terms of its use and the aid must have a significant impact on the implementation of the project.

Aid shall not be used as general operating aid.

The beneficiary shall have adequate financial and other conditions to carry out the project. In addition, the beneficiary shall have the capacity to respond to the continuity of the activities carried out by the project after the completion of the project, unless it is unnecessary for the nature of the project.

The results of the development project must be generally exploited.

The aid may be granted on condition that the necessary funding is allocated to the State budget.

The Government Decree may lay down more detailed provisions on the conditions of assistance.

ARTICLE 11 (20,2015/141)
De minimis aid

Where aid is granted in the form of de minimis aid, the grant of the aid shall be conditional on the applicant submitting to the granting authority a report on the de minimis aid already granted to the applicant and that the amount of the aid does not exceed the The de minimis ceiling laid down in the legislation.

Where aid other than the applicant's business activity or aid is transferred within the meaning of Article 12, the aid shall be subject to the condition that the corresponding statement is given in respect of any entity which is the subject of the aid or is involved in the aid and not the aid The amount exceeds the de minimis ceiling for any entity.

The application of European Union law on State aid to aid within the meaning of this Act and the conditions for granting de minimis aid may be subject to more detailed provisions by a decree of the Government.

ARTICLE 12
Transfer of aid for the implementation of a project to be supported

The granting authority may, on a reasoned basis, decide that the recipient of the aid may transfer part of the implementation of the project to an entity which fulfils the conditions laid down in this Act for the beneficiary. In addition, it is necessary to grant aid that the transfer of the aid is appropriate for the implementation of the project. The amount of aid to be transferred may not exceed half of the aid granted, unless the authority which granted the aid decides otherwise.

Prior to the transfer of the aid, the beneficiary shall ensure that the conditions for the granting, payment and verification of the aid and compliance with the conditions for the use of the aid are fulfilled by agreement with the recipients of the transfer. If the aid is recovered, the beneficiary shall be responsible for reimbursing the aid to the authority which granted the aid. The beneficiary shall be responsible for the proper implementation of the project and compliance with the conditions in relation to the authority granting the aid.

More detailed provisions on the procedure for the transfer of aid may be adopted by a Council regulation.

ARTICLE 13
Joint project

Support for the implementation of the project may be granted to more than one applicant. A joint project may be supported only if it is justified by the objectives of the project.

Applicants for each joint project shall meet the conditions for beneficiaries of the aid. All beneficiaries of the joint project shall contribute to the financing of the project unless there is a specific reason for this derogation.

The beneficiaries of the joint project shall conclude a contract for the implementation of the project, setting out the rights and obligations of the parties to the joint project. In addition, the agreement shall specify the party to the joint venture which shall be responsible for contacts with the authority which has granted the aid. The granting authority may, by decision, also require this party to indicate the amount of de minimis aid pursuant to Article 11 for each party to the project.

In a joint project, all beneficiaries will be jointly and severally responsible for the implementation of the project.

In the context of the cooperation programmes for cooperation under the European territorial cooperation objective, the tasks of the beneficiary shall be, in addition to the legislation of the European Union, subject to the provisions of the Cooperation Programming Document. (20,2015/141)

The decree of the Council of State may provide for more detailed provisions on the procedure to be followed for joint projects.

ARTICLE 14
Eligible costs

For projects financed by the rural development and national rural development envelope, the aid may be granted as a percentage of compensation, lump sum or actual costs.

The aid shall be granted in respect of the costs of the project, net of any revenue directly affecting or linked to the project.

The eligible costs of projects co-financed by the Structural Funds programme shall apply in addition to paragraph 2, as provided for in European Union legislation and in Chapter 3.

The eligible costs of the operational programme co-financed by the European Fund for the most deprived persons shall be subject to the provisions of the spd. (20,2015/141)

More detailed provisions on the acceptability of costs may be laid down by a Council regulation.

Article 14a (20,2015/141)
Eligible costs for cooperation programmes under the European territorial cooperation objective

Within the framework of the European territorial cooperation objective, the aid shall be granted according to the cost model agreed under the cooperation programme or, according to a cost estimate, on the basis of actual, necessary and reasonable costs. The aid shall be granted in respect of the costs of the project, net of any revenue directly affecting or linked to the project.

The admissibility of costs in Finland is subject to the provisions of European Union legislation on the acceptability of costs. Cooperation programmes may also apply to the programme monitoring committee and the eligibility rules for the programming document where they are not contrary to national or European Union law.

More detailed provisions on the acceptability of costs may be laid down by a Council regulation.

§ 15
Amounting aid

The aid shall not cover the full amount of the cost of the project and the applicant shall himself ( Self-financing ) Contribute to the cost of the project, unless there are specific reasons for the derogation.

For projects financed by the provincial development money or the national rural development reserve, part of the project's self-financing or non-state funding may not be a contribution made free of charge or production input ( Contribution in kind ) Or the release of the commodity needed for consideration, whether in consideration or in consideration.

The aid shall be granted as a percentage of eligible costs or lump sums.

In addition, in addition to the provisions laid down in European Union law, in the case of grants from the Structural Funds of the European Union, the ceilings for the contribution of the Funds shall apply in addition to paragraphs 1 and 3.

The Decree of the Council of State may provide for more detailed provisions on the amount of the aid, the contribution in kind and the supply of consideration.

ARTICLE 16
Application for assistance

For projects under Article 6 of the Act, aid is sought from the Ministry concerned when it is granted the aid. Aid under Article 7 of the Act is sought from the Province of the Province which grants the aid or whose activities are mainly located in the territory. Aid under Article 8 is requested from the competent industry, transport and environment centre.

The application shall include at least the project's link with the programme and sufficient information on the applicant, the purpose of the aid, the estimate of the cost of the project, the financing plan and the assessment of the impact, results and other aspects of the project. The issuing authority requires the application to be resolved. In the case of transfer of aid in accordance with Article 12, the application shall be accompanied by information on the bodies known at the time of application for which the aid is to be transferred. The application for signature is to be signed.

The joint project provides for all the partners involved in the joint venture.

The application shall examine how the results of the previously supported projects were taken into account in the preparation of the project. In addition, an application shall contain an explanation of how the activities achieved by the project will continue or be used after the completion of the project, unless this is manifestly unnecessary due to the nature of the activity.

The application shall be initiated following delivery to the competent authority.

In the case of projects under the Structural Funds, the application of the aid must also comply with the provisions of Article 23. The cooperation programmes under the European territorial cooperation objective shall, in addition to the application of the aid, comply with what has been agreed in the programming document. (20,2015/141)

More detailed provisions on the application of aid may be adopted by a Council regulation.

§ 17
Granting of aid

The Union of the Province shall decide on the granting of the aid referred to in Article 7 within its territory. The association of the province may decide whether or not to grant aid to a project in the region of another province. The associations of the provinces may also decide to grant aid to the project together.

Article 6 and the competent Ministry of Enterprise, Transport and the Environment shall decide on the granting of the aid referred to in Article 8.

The aid decision shall take the amount of the aid granted and the conditions of the aid provided for in this Act, as well as the conditions for the payment and recovery of the aid. In addition, the decision must include the conditions and conditions laid down in the legislation of the European Union which are essentially and directly affected by the use and payment of the aid. The aid decision approves the project plan for the aided project.

If the project is compatible with the applicable European Union and national legislation and with the Structural Funds programme, support for a sustainable urban development project shall be granted by the Authority.

More detailed provisions on the granting of aid may be adopted by a Council regulation.

ARTICLE 18
Conditions for use of the aid

Support may be granted for costs incurred after an application has been submitted.

The use of the aid for the purchase of goods and services and on the basis of a contract is subject to the provisions of the Law on Public Procurement (168/2007) Provides. In such cases, the beneficiary shall provide a statement of the performance of the contract, unless the aid granted to the project has been granted in accordance with the one-off procedure.

The beneficiary is obliged to maintain all the accounting records and other material relating to the project in such a way that it is possible to monitor the use of the aid. The accounting records shall be kept in accordance with the (1336/1997) Articles 9 and 10 provide.

The Government Decree may lay down more detailed provisions concerning the conditions for the use of the aid.

§ 19
Application for payment of aid

Projects financed by the provincial development funds and the national rural development funds shall be submitted to the authority which granted the aid. The payment shall be made in writing by means of a validated form. The application must be signed. The Association of the Province may decide that the Regional Union may carry out payments relating to the provincial development funds or the Structural Funds.

For projects financed under Articles 6 to 8 of the Structural Funds programme, the payment is made using the EURA 2014 information system, as provided for in Article 26.

In the context of the cooperation programme for the European territorial cooperation objective, the application for the payment of aid shall also apply to the cooperation programme agreed. (20,2015/141)

A time limit may be set for the application of the aid.

The decree of the Council of State may provide for more detailed provisions on the application, time and procedure for payment of the payment.

§ 20
Payment of aid

The aid shall be paid without undue delay retroactively in accordance with the cost model adopted in the decision or on the basis of actual eligible costs. The aid may be paid in advance if it is justified for the implementation of the project.

More detailed provisions on the payment of aid and the advance procedure may be adopted by a Council regulation.

ARTICLE 21
Access to information and disclosure

The provision of information and disclosure shall be governed by Article 28.

Chapter 3

Specific provisions for Structural Funds programming projects

§ 22
General conditions

The project co-financed by the Structural Funds programme must be in line with the Structural Funds programme and must contribute to the objectives set out in the programme.

The objectives of the project must not be allowed to depart from the provisions of the law on regional development and the management of the Structural Funds. (7/2014) Article 35 , the use of funds under the Partnership Agreement. For business development projects other than individual companies, the results of the project must be generally exploited.

In managing the Structural Funds programme, the intermediate institutions shall comply with the relevant European Union and national legislation and the conditions for the use of the funds set out in the allocation decision.

ARTICLE 23 (20,2015/141)
Application and award of aid under the Structural Funds programme

In the context of the Structural Funds programme, support is sought and the aid decision is made by electronic means in the information system fulfilling the requirements of Article 29. The application of aid in the EURA 2014 information system requires a strong electronic identification. Under the EURA 2014 system, which is maintained by the Ministry of Employment and the Economy, an application may also be submitted electronically via the network or form to the competent authority. The application should be signed. The application shall include the legislation of the European Union and the national law applicable to the project concerned and the information required in this Chapter. The signature of the application shall be governed by the law on strong electronic identification and electronic signatures (19/2009) Identification and identification of a person is provided for.

The Decree of the Council of State may provide for more detailed rules on the procedure for applying and granting aid for electronic support.

§ 24
Eligible costs and amount of aid

The aid shall be granted on the basis of a cost model approved by the granting authority or on the basis of acceptable, actual, necessary and reasonable costs for the project.

The financial contribution according to the project financing plan shall be carried out in financial terms, except for the self-financing rate of the project or for projects under the European Social Fund other than those of the beneficiary which are not granted Support.

The contributions in kind provided for in Article 69 of the General Regulation are not available under the Structural Funds.

Aid cannot be granted in so far as the share of public funding in the eligible costs of the project exceeds the maximum level of public funding provided for by European Union legislation.

The decree of the Council of State may provide for more detailed provisions on the forms of aid, the criteria for their determination, the use of their applications and the maximum amounts or shares, as well as the procedure.

ARTICLE 25
Conditions of aid

The use of the aid for the purchase of goods and services, as well as a contract, shall be governed by the provisions of the Law on Public Procurement. In such cases, the beneficiary shall provide a statement of the performance of the contract, unless the aid granted to the project has been granted in accordance with the one-off procedure.

The beneficiary is obliged to maintain all the accounting records and other material relating to the project in such a way that it is possible to monitor the use of the aid. The accounting records shall be kept as provided for in Articles 9 and 10 of Chapter 2 of the Accounting Act.

The decree of the Council of State may provide for more detailed provisions on the retention of documents.

§ 26 (20,2015/141)
Application and issue of payment

The fee is sought electronically from the competent authority. The payment decision shall be made by electronic means. Non-EUR 2014 may also be applied electronically via a network service or a form from the competent authority. The application should be signed.

The Decree of the Council of State may provide for more detailed rules on the procedure for applying and granting electronic payments.

§ 27
Reports of recoveries and declarations of expenditure

The institutions and the managing authority shall inform the certifying authority under Article 9 of the Law on the development of the regions and the management of the Structural Funds, in accordance with European Union law, and On recoveries and other measures taken to correct the errors found.

Where, taking into account the nature and extent of the error, the necessary measures have not been taken, the certifying authority may require the intermediate institution or the managing authority to take steps to rectify the error Or its recurrence prevents.

The managing authority shall ensure that the measures referred to in paragraph 1 are in accordance with the European Union and national law.

When the certifying authority has drawn up a statement of expenditure to the Commission, it shall be responsible for ensuring that the measures referred to in paragraph 1 are taken into account when the statement of expenditure is drawn up.

The decree of the Council of State may provide more specific provisions for the procedure to be followed.

ARTICLE 28
Access to information and communication under the Structural Funds programme

In addition to the public authorities' activities, (18/09/1999) The law provides for the transmission of confidential information, the Ministry of Employment and the Economy, economic, transport and environmental centres, the associations of provinces and other intermediate bodies, and the audit authority shall: The right to receive, free of charge from any other authority or public authority, the right to receive, free of charge, the applicant or the beneficiary, the financial position and trade and professional activities, the financing of public funds or any other Information relevant for the support of the aid, which are: Necessary to address the issue of the necessary assistance.

The link between the requested information and the need for information must be justified on request.

The authorities entitled to access to the information referred to in paragraph 1 shall, notwithstanding the provisions of confidentiality, have the right to release to the other authority or to a public service or to the European Union institutions such as: Information on the beneficiary of the aid, which is necessary for the performance of the audit function entrusted to the Authority or to the public or to the institution, or to control the fact that European Union legislation is Observed.

The Ministry of Employment, Trade, Industry, Transport and the Environment, as well as other intermediate bodies, shall have the right, without prejudice to the confidentiality rules, to obtain, free of charge from the tax administration, the applicant and the beneficiary of the aid. Information necessary for the granting or control of the aid.

The information mentioned in paragraphs 1 and 4 may also be disclosed by electronic means or by means of a technical service.

Information obtained pursuant to paragraphs 1 to 4 shall not be used for purposes other than those requested.

§ 29
The Structural Funds programme

The 'EURA 2014' system, run by the Ministry of Employment and the Economy, is under the Structural Funds programme. The managing authority shall be responsible for ensuring that the information system meets the conditions laid down in European Union law and in this Act. The information system is used in European Union law, for regional development and for the management of Structural Fund programmes, and for the performance of the tasks set out in this Act. The intermediate bodies shall be responsible for ensuring that the correct and adequate information on the application, granting, payment and control of the aid is stored in the EURA 2014 Information System.

When transferring information from the other information system, the owner of this ancillary system shall be responsible for ensuring that the content and accuracy of the data transferred correspond to the content of the EURA 2014 data system. The owner of the ancillary system has a duty to comply with the requirements of the EURA 2014 information system.

The applicant shall have the right to monitor the progress made and the decisions taken in the EURA 2014 information system for the application, payment, inspection and recovery of aid in the EURA 2014 system.

Monitoring the issue requires strong electronic identification.

The Government Decree may provide more detailed provisions on the obligation of the as owner to comply with the information-guidance plan of the EURA 2014 information system and for non-personal data stored in the system Information.

ARTICLE 30
Publicity and preservation of information

The public access to the information stored in the information system shall be governed by the provisions of the law on public access to information. In addition, the public are the information to be published by the Member States on the basis of relevant European Union legislation. The managing authority shall ensure that information on the beneficiaries, projects and the amount of aid stored in the it system is made public in the cases and in the manner required by European Union law.

Without prejudice to confidentiality rules, the managing authority, the certifying authority and the audit authority shall be entitled to release to the relevant authority of the European Union the information stored in the EURA 2014 information system which: It is necessary to monitor compliance with European Union legislation and the applicable national legislation in the context of the granting of Structural Fund assistance.

The registration of the data subject shall be reviewed by the data subject, the correction of errors or omissions, and the removal of obsolete and unnecessary data in the context of the Data Sheet (523/1999) Provides.

Where European Union law requires registers for the monitoring of State aid or other aid, the data for the EURA 2014 system shall consist of the required register and, where appropriate, the data shall be transferred to de minimis aid or In the register of other aid.

The Government Decree may provide more detailed provisions on data retention and time limits.

ARTICLE 31
Service of the decision

The decision on an electronic application shall be notified in accordance with the provisions of the (13/2003) Paragraph 18 Provides.

Any other decision within the meaning of this law may be notified in accordance with paragraph 1, if the person concerned agrees. Otherwise, the decision shall be notified to the (434/2003) In the manner prescribed.

ARTICLE 32
Inspection rights of the audit authority

The audit authority shall be entitled to carry out audits relating to the management authority, the certifying authority, the intermediary bodies and the beneficiaries of the Structural Funds. When checking the individual project, the right of access to the project concerns the project and its funding as a whole. If the aid has been transferred to the other entity, the same right of inspection shall also apply to the activities of the transferee.

The audit authority may, by decision, authorise another authority or an independent auditor to carry out an audit in accordance with Article 1 (1) concerning the use of the Structural Funds or the beneficiary. The statutory auditor shall be in the auditing law (17/01/2015) Referred to as an auditor. (18/05/1232)

L to 1232/2015 (2) shall enter into force on 1 January 2016. The previous wording reads:

The audit authority may, by decision, authorise another authority or an independent auditor to carry out an audit in accordance with Article 1 (1) concerning the use of the Structural Funds or the beneficiary. The auditor shall be the statutory auditor (JHTT auditor) or audit firm approved by the Public Administration and Economic Audit Board (JHTT Community), the Auditor approved by the Central Chamber of Commerce (KHT auditor) or An audit firm (KHT Community) or an audit firm approved by the Chamber of Commerce (HTM) or an audit firm (HTM Community).

The statutory auditor shall be subject to the provisions of this Act relating to criminal liability in the field of criminal law. Liability for damages is governed by the law on damages (1999) .

For the purposes of the proper conduct of the inspection, the authority or the statutory auditor shall have the right to access the buildings, premises or locations relevant to the operation and the use of the aid, and shall examine them, as well as the Conditions, information systems and documents. However, the inspection shall not be carried out in the premises of a permanent residence. The person carrying out the inspection shall have the right to take possession of the documents and any other material relating to the use of the aid if the proper conduct of the inspection so requires. The audit shall respect the provisions of Article 39 of the Administrative Code.

The authorities referred to in paragraph 1 shall have the right to receive assistance from the police in the performance of the inspection.

§ 33
Supervisory authority of the managing authority

The managing authority may carry out audits on intermediate bodies and beneficiaries. When checking the individual project, the right of access to the project concerns the project and its funding as a whole.

For the purposes of the proper conduct of the inspection, the authority or the statutory auditor shall have the right to enter, premises or locations relevant to the operation to be supported and to the use of the aid, Conditions, information systems and documents. However, the inspection shall not be carried out in the premises of a permanent residence. The person carrying out the inspection shall have the right to take possession of the documents and any other material relating to the use of the aid if the proper conduct of the inspection so requires. The audit shall respect the provisions of Article 39 of the Administrative Code.

The managing authority may, by decision, authorise another authority or an independent auditor to carry out the inspection referred to in paragraph 1. The auditor shall be subject to the provisions of Article 32 (2) and (3).

§ 34
Verification of the certifying authority

The certifying authority may carry out audits relating to the management authority, intermediate bodies and beneficiaries of the Structural Funds. When checking the individual project, the right of access to the project concerns the project and its funding as a whole.

For the purposes of the proper conduct of the inspection, the authority or the statutory auditor shall have the right to enter, premises or locations relevant to the operation to be supported and to the use of the aid, Conditions, information systems and documents. However, the inspection shall not be carried out in the premises of a permanent residence. The person carrying out the inspection shall have the right to take possession of the documents and any other material relating to the use of the aid if the proper conduct of the inspection so requires. The audit shall respect the provisions of Article 39 of the Administrative Code.

The certifying authority may, by decision, authorise another authority or an independent auditor to carry out the inspection referred to in paragraph 1. The auditor shall be subject to the provisions of Article 32 (2) and (3).

ARTICLE 35
Implementation of recovery decision in the Structural Funds programme

The Ministry or the Province of Provinas are responsible for the implementation of the recovery decision. If the aid has been granted by means of a means of living, transport and the environment, recovery will be borne by the Centre for Enterprise, Transport and the Environment, which is the centre of the aid, the transport and environment centre, to which it is responsible.

Chapter 4

Outstanding provisions

§ 36
Restoring aid

The beneficiary of the aid must, without delay, return incorrectly, excessive or manifestly unwarranted aid or part thereof. The beneficiary shall return the aid or part thereof, if it cannot be used as required by the aid decision. If the amount to be reimbursed does not exceed EUR 100, it shall not be returned.

Paragraph 1 shall not apply to the difference between the aid granted and the costs incurred in accordance with the constructed criterion.

ARTICLE 37
Withdrawal and recovery of aid

The competent authority shall order the payment of the aid to be terminated and the aid already paid back to be recovered if:

(1) incorrect or misleading information has been provided for the granting, payment or control of the aid, or information has been withheld and the provision of incorrect or misleading information has had an impact on the financing of: Access;

(2) for the purpose of payment or control of the aid, the refusal to provide the necessary information, documents or other material or, in the course of carrying out an inspection, refused to satisfy the other recipients of the aid in order to carry out the checks provided for in the law; Obligations;

(3) the aid has been used for purposes other than that granted;

(4) the holding or holding of a property for which the aid has been granted has been released before five years from the date of the payment of the aid, or the recipient has stopped or reduced the aid to which the aid was granted; Substantially;

(5) Within a period of five years from the date of payment of the last payment of the last instalment of the aid, the investment aid for the basic structure has undergone substantial changes which affect the nature of the project, or Or unduly benefit any undertaking or public entity;

(6) the recipient has substantially failed to comply with the conditions laid down in the grant decision.

The competent authority may order the termination of the payment of the aid or, in part or in full, recovery if:

(1) the beneficiary has not complied with the conditions laid down in the grant decision;

(2) the recipient of the aid has been the subject of an outlet procedure, liquidation, bankruptcy or the company's restructuring law; (187/1993) And subject to the intended purpose of the aid;

(3) the aid or part thereof has been granted or wrongly paid.

A quantity not exceeding EUR 100 may be excluded.

The Joint Undertaking shall be jointly and severally liable for the refund of the aid.

ARTICLE 38
Interest rate to be repaid

The beneficiary shall pay the amount of the aid to the repayable or repayable amount from the date of payment of the aid, as provided for in the legislation of the European Union or, if not provided for in that legislation, the interest (633/1982) (2) plus three percentage points plus the annual rate.

ARTICLE 39
Interest rate on delay

If the amount to be recovered is not paid at the latest on the maturity date, it shall be remunerated at the annual rate of interest on the basis of the interest rate laid down in the legislation of the European Union or, save as provided for in that legislation, Annual penalty interest rate Article 4 of the Corinth Act According to the interest rate referred to in paragraph 1.

ARTICLE 40
Reasonable amount to be recovered

The competent authority may omit some or all or part of the amount of the aid or interest paid to it in full or in part, if the full recovery is, taking into account the circumstances or activities of the beneficiary, As a whole, on an unreasonable basis. However, recovery and recovery of interest shall be carried out in full if required by European Union law.

ARTICLE 41
Right to recovery of the Ministry of Employment and the Economy

The Ministry of Employment and the Economy may make available to the provinces of the provinces the resources paid from the Structural Funds and the corresponding State resources, or the amounts paid out exclusively from State resources, or the recovery of part thereof, if the province of the province is: The funds used for purposes other than those granted, or have substantially infringed the provisions relating to the use of funds or the conditions laid down in the decision to allocate the funds.

ARTICLE 42
Right of access

The Ministry of Employment and the Economy shall be entitled to inspect the implementation of the programmes, the granting, payment, use and control of the programmes referred to in this Act. This right is the responsibility of the Ministry of Social Affairs and Health, the provinces of the provinces and the subsidies granted by the industry, transport and environmental centres.

The audit authority shall be entitled to carry out audits on the management authority, the certifying authority and the partner organisations of the operational programme of the European aid for the most deprived. In addition, the EAFRD shall have the right to carry out audits related to the use of funds and operational programmes under the operational programme. (20,2015/141)

The right of scrutiny of the European Union institution, in full or in full or in State aid, is governed by European Union law.

If the aid has been transferred to the other entity, the same right of inspection shall also apply to the activities of the transferee.

The authorities referred to in paragraph 1 may, by decision, authorise another authority or an independent auditor to carry out an inspection. The auditor shall be an auditor within the meaning of the audit law. (18/05/1232)

L to 1232/2015 The amended paragraph 5 shall enter into force on 1 January 2016. The previous wording reads:

The authorities referred to in paragraph 1 may, by decision, authorise another authority or an independent auditor to carry out an inspection. The statutory auditor shall be the statutory auditor (JHTT auditor) or audit firm approved by the Public Administration and Economic Audit Board (JHTT Community), the Auditor approved by the Central Chamber of Commerce (KHT auditor) or An audit firm (KHT Community) or an audit firm approved by the Chamber of Commerce (HTM) or an audit firm (HTM Community).

For the purposes of the proper conduct of the inspection, the authority or the statutory auditor shall have the right to access the buildings, premises or locations relevant to the operation and the use of the aid, and shall examine them, as well as the Conditions, information systems and documents. However, the inspection shall not be carried out in the premises of a permanent residence. The person carrying out the inspection shall have the right to take possession of the documents and any other material relating to the use of the aid if the proper conduct of the inspection so requires. The audit shall respect the provisions of Article 39 of the Administrative Code.

The authorities referred to in paragraph 1 shall have the right to receive assistance from the police in the performance of the inspection.

ARTICLE 43
Appeals appeal

An appeal shall be made to the decision of the Association of the Province of (165/1995) The lodging of an objection and of a municipal appeal.

The decision to be taken by the Ministry of Employment and the Economy and Business, Transport and the Environment shall be required by the competent authority of the decision, as provided for in the Administrative Law. The decision to amend the requirement of amendment may be appealed against by the administrative court, as in the case of administrative law (18/06/1996) Provides.

ARTICLE 44
Entry into force and transitional provisions

This Act shall enter into force on 20 January 2014.

This law repeals the law on the financing of certain programmes and projects in the Ministry of Employment and the Economy (1652/2009) .

Aid granted before the entry into force of this Act shall apply to the provisions in force at the time the aid was granted.

The Structural Funds programmes, the implementation of which has begun before the entry into force of this Act, shall be subject to the provisions in force at the time of entry into force of this Act.

THEY 190/2013 , HVM 22/2013, EV 214/2013

Entry into force and application of amending acts:

20.2.2015/141:

This Act shall enter into force on 1 March 2015.

THEY 317/2014 , HVM 43/2014, EV 273/2014

18.09.2015/1232

This Act shall enter into force on 1 January 2016.

THEY 254/2014 , TaVM 34/2014, EV 371/2014