Key Benefits:
The Prime Minister,
Having regard to Council Regulation (EEC) No. 4253/88 of 19 December 1988 concerning the provisions for the application of Regulation (EEC) No. 2052/88 concerning the coordination between the interventions of the various structural funds, on the one hand, and between them and those of the European Investment Bank and other existing financial instruments, on the other hand;
Considering Commission Regulation (EC) No. 1681/94 of 11 July 1994 concerning irregularities and the recovery of undue amounts paid in the context of the financing of structural policies and the organization of an information system in this area, as amended by Commission Regulation (EC) No. 2035/2005 of 12 December 2005;
Having regard to Commission Regulation (EC) No. 2064/97 of 15 October 1997 laying down the detailed procedures for the application of Council Regulation (EEC) No. 4253/88 with regard to the financial control carried out by Member States on the operations co-financed by the structural funds;
Having regard to Council Regulation (EC) No. 1260/1999 of 21 June 1999 on general provisions on structural funds, including Article 38;
Having regard to Commission Regulation (EC) No. 438/2001 of 2 March 2001, setting out the terms and conditions for the application of Commission Regulation (EC) No. 1260/1999 with respect to systems for the management and control of the competition awarded under structural funds;
Having regard to Council Regulation (EC, EURATOM) No. 1605/2002 of 25 June 2002 regulating the general budget of the European Communities, as amended by Council Regulation (EC, EURATOM) No. 1995/2006 of 13 December 2006;
Considering Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the Solidarity Fund of the European Union;
Having regard to Commission Regulation (EC, EURATOM) No. 2342/2002 of 23 December 2002 establishing the terms and conditions for the execution of the Regulation (EC, EURATOM) No. 1605/2002 of the Council concerning the financial regulations applicable to the general budget of the European Communities, as amended by Regulation (EC, EURATOM) No. 478/2007 of 23 April 2007;
Having regard to Council Regulation (EC) No. 1698/2005 of 20 September 2005 concerning support for rural development by the European Agricultural Fund for Rural Development (FEADER), amended by Council Regulation (EC) No. 1463/2006 of 19 June 2006, in particular Article 74;
Having regard to Regulation (EC) No. 1080/2006 of the European Parliament and Council of 5 July 2006 on the European Regional Development Fund and repealing Regulation (EC) No. 1784/1999, including Article 14;
Considering Regulation (EC) No 1081/2006 of the European Parliament and Council of 5 July 2006 on the European Social Fund and repealing Regulation (EC) No 1784/1999;
Having regard to Regulation (EC) No. 1082/2006 of the European Parliament and the Council of 5 July 2006 on a European group of territorial cooperation (GECT) ;
Having regard to Council Regulation (EC) No. 1083/2006 of 11 July 2006 on general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No. 1260/1999, including Articles 59, 62, 71 and 105;
Having regard to Council Regulation (EC) No. 1198/2006 of 27 July 2006 on the European Fisheries Fund, including Articles 58, 61 and 71;
Having regard to Regulation (EC) No. 1638/2006 of the European Parliament and of the Council of 24 October 2006 stipulating the general provisions establishing a European instrument of neighbourhood and partnership;
Having regard to Commission Regulation (EC) No. 1828/2006 of 8 December 2006 establishing the modalities for the execution of Council Regulation (EC) No. 1083/2006 on general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion and Regulation (EC) No. 1080/2006 of the European Parliament and the Council on the European Regional Development Fund;
Having regard to Commission Regulation (EC) No. 1974/2006 of 15 December 2006 on the modalities for the application of Council Regulation (EC) No. 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (FEADER);
Considering Regulation (EC) No. 1927/2006 of the European Parliament and Council of 20 December 2006 establishing the European Globalization Adjustment Fund;
Having regard to Commission Regulation (EC) No 498/2007 of 26 March 2007 concerning the execution of Council Regulation (EC) No 1198/2006 on the European Fund for Fisheries;
In view of Commission Regulation (EC) No. 951/2007 of 9 August 2007 establishing the rules for the implementation of cross-border cooperation programmes funded under Regulation (EC) No. 1638/2006 of the European Parliament and the Council of 24 October 2006 stopping the general provisions establishing a European Neighbourhood and Partnership Instrument;
Having regard to Decision No. 573/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the European Refugee Fund for the period 2008-2013 as part of the general programme "Sensorship and management of migratory flows" and repealing Council decision 2004/904/EC;
Having regard to Decision No. 574/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the External Border Fund for the period 2007-2013 as part of the general programme "Sensorship and management of migratory flows";
Having regard to Decision No. 575/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the European Fund for Return for the period 2008-2013 within the framework of the general programme "Solidarity and Management of Migration Flows";
In view of Council Decision No. 2007/435/EC of 25 June 2007 establishing the European Fund for the Integration of Third Country Nationals for the period 2007-2013 as part of the general programme "Sensorship and Management of Migration Flows";
See?Article 60 of Act No. 2002-1576 of 30 December 2002 for 2002 as amended byArticle 99 of Act No. 2007-1824 of 25 December 2007 for 2007, establishing the Inter-Ministerial Control Coordination Commission (CICC);
The State Council (inland section) heard,
Decrete:
The Interdepartmental Control Coordination Commission (hereinafter referred to as "the commission") established by theArticle 60 of the Act of 30 December 2002 referred to above is competent for the following funds: the European Structural Funds (the European Fund for Regional Development, the European Social Fund, the European Fund for Agricultural Guidance and Guarantee, the "guideline" section, and the financial instrument for the orientation of the fisheries), the European instrument of Neighbourhood and Partnership, the European Fund for Fisheries, the European Fund for Rural Development, the European Fund for External Borders, the European Fund for the Return,
For European Structural Funds and the European Fisheries Fund, the Commission ensures compliance with France's obligations by the management, payment and certification authorities and the intermediary bodies, including the territorial authorities when they exercise these functions, the legal or physical persons who benefit from these funds and who implement operations in the programmes benefiting from these funds, the organizations through which these community competitions and the various administrations have transited. In particular, the Commission ensures the effectiveness of the management and control systems in place.
For the European Agricultural Fund for Rural Development, the Commission monitors compliance with France's obligations by the management authorities and payment agencies, including the territorial authorities when they perform these functions, the legal or physical persons who benefit from these funds and who implement the operations in the programmes benefiting from these funds, the organizations through which these community competitions and the various administrations have transited.
For the other funds referred to in the first paragraph of this article, the Commission shall ensure compliance with the provisions of the regulations referred to by the authorized bodies responsible for the management, control and payment of these funds, by the natural or legal persons benefiting from these funds and by the various administrations.
The Board defines the organization and direction of all controls and ensures the establishment and execution of audit programs.
It shall address to the authorities involved in the management and control of the funds covered by this decree, including the territorial authorities, and to the ministries concerned any recommendations necessary to improve management and control systems, propose appropriate measures to remedy the deficiencies identified and shall be informed of the action taken therein.
It is the recipient of the summaries of the controls carried out by both departmental inspections and general councils, central administrations and the decentralized departments of the relevant ministerial departments and by the competent bodies responsible for the management, control and payment, including the territorial authorities, and the agencies through which the competitions have been passed to assess the results of the inspections.
For the funds under its jurisdiction, it verifies communications relating to irregularities established by the French authorities prior to their transmission to the European Commission pursuant to amended Regulation (EC) No. 1681/94 of 11 July 1994 and Regulation (EC) No. 1828/2006 of 8 December 2006 referred to above.
I. - The Commission shall, pursuant to the provisions of the regulations (EC) No. 2064/1997 of 15 October 1997, No. 1260/1999 of 21 June 1999 and No. 438/2001 of 2 March 2001 referred to above, carry out the audits of the management and control systems implemented by the persons and organizations concerned referred to in the second paragraph of Article 1 of this Decree, in order to ensure the quality and reliability of the audit systems, and shall establish a synthesis of the audit system, It carries out the control of operations in programmes with European structural funds.
It establishes the annual report of activity on the controls referred to in Article 13 of Regulation (EC) No 438/2001 of 2 March 2001.
It establishes on the basis of contradictory reports the declarations of validity that must be submitted to the European Commission pursuant to Articles 15, 16 and 17 of Regulation (EC) No 438/2001 of 2 March 2001 referred to above, for each form of intervention.
II. - The commission is an auditing authority within the meaning of Articles 59 and 62 of Regulation (EC) No. 1083/2006 of 11 July 2006 and Articles 58 and 61 of Regulation (EC) No. 1198/2006 of 27 July 2006 referred to above, for programmes co-financed by the structural funds and the European Fund for Fisheries whose responsibility lies with French authorities.
It also exercises this function for European territorial cooperation programmes whose management authorities are French and for European programmes whose management authority is a European group of territorial cooperation whose headquarters is located in France.
It sets out the report and notice of compliance under section 71 of Regulation (EC) No. 1083/2006 of 11 July 2006 and section 71 of Regulation (EC) No. 1198/2006 of 27 July 2006 referred to above.
It is the competent authority to prepare the summary of the audits and statements available under section 53 ter of the regulations (EC, EURATOM) No. 1605/2002 of the amended 25 June 2002.
It conducts audits of management and control systems on programmes co-financed by the European Agricultural Fund for Rural Development.
III. - The commission is an auditing authority within the meaning of Articles 25 and 30 of Decision No. 573/2007/EC, Articles 27 and 32 of Decision No. 574/2007/EC, Articles 25 and 30 of Decision No. 575/2007/EC and Articles 23 and 28 of Decision No. 2007/435/EC referred to above.
IV. - The Commission is responsible for monitoring the performance reports and the supporting statements of expenditures provided for in sections 8 of Regulation (EC) No 2012/2002 of 11 November 2002 and 15 of Regulation (EC) No 1927/2006 of 20 December 2006 referred to above.
V. - The Commission is the competent authority to perform the audit functions of the management of the "joint operational programmes" financed by the European Neighbourhood and Partnership Instrument, pursuant to Article 10 of Regulation (EC) No. 1638/2006 of 24 October 2006 referred to above.
The commission consists of six members appointed by order of the Prime Minister for a period of three years renewable: a Chief Financial Officer, an Inspector General of Administration, a Inspector General of Social Affairs, a member of the General Council of Agriculture, Food and Rural Areas with the rank of Inspector General or General Engineer, and two qualified personalities in the area of competence of the commission having the status of an active or honorary category A civil servant. For each member, an alternate is appointed under the same conditions.
The Chair and Vice-Chair of the Commission are appointed by the Prime Minister as a member of the general inspections referred to in the previous paragraph or of the General Council for Agriculture, Food and Rural Areas.
The Secretary General of European Affairs or his representative may attend meetings of the Commission as an observer, except where the Commission deliberates on notices and closing statements.
A common agreement is reached by the Chairman of the Commission and each of the Chiefs of Service of General Inspections of Finance, Administration, Social Affairs and the Vice-President of the General Council of Agriculture, Food and Rural Areas on the conditions under which the Commission receives the assistance of other members of these general inspections, including the duration, purpose, organization of their mission to the Commission.
The Commission may only sit validly if at least four of its members are present.
In the event of the President's failure, the Vice-Chair shall preside over the meetings of the Commission. In the event that the chair and vice-chair are unable to attend, the dean of age of the incumbent members chairs the committee meetings.
Reports and compliance notices on management and control system descriptions, annual monitoring reports and annual notices, closing statements, summary of available audits and statements and recommendations are adopted by the commission by a majority of the members present.
In case of equal sharing of votes, the President's voice is preponderant.
The commission organizes, as necessary and at least once a year, a consultation with the ministries concerned with the management and control of operations co-financed by the European Structural Funds.
The Chair of the Commission shall address to the Secretary General of European Affairs, Ministers and the relevant management, payment and certification authorities the reports and notices of compliance on management and control system descriptions, annual monitoring reports and annual notices, closing statements and system audit reports, the summary of available audits and statements and recommendations.
The Chairman of the Commission shall transmit to the Secretary-General of European Affairs, for sending to the European Commission, reports and notices of compliance on the descriptions of management and control systems, annual monitoring reports and annual notices, closing statements, summary of available audits and statements, and any document intended for that authority. The reports are also transmitted, through the Secretary General of European Affairs, to the first President of the Court of Auditors who communicates them to the European Court of Auditors.
For the purposes of this Order, a Prime Minister's Order specifies the operation, means and internal organization of the Commission.
The Commission shall exercise the powers defined in the third and fourth paragraphs of Article 3 of this Decree for the programmes of the 1994-1999 programming period governed by the provisions of Articles 8 and 9 of Regulation (EC) No. 2064/97 of 15 October 1997 referred to above.
Decree No. 2002-633 of 26 April 2002 establishing an inter-ministerial committee for the coordination of controls on actions co-financed by European structural funds is repealed.
The members of the commission on the date of publication of this decree shall remain in office until the publication of the order provided for in Article 4.
Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management, Minister of Interior, Overseas and Territorial Communities, Minister of Economy, Industry and Employment, Minister of Immigration, Integration, National Identity and Solidarity Development, Minister of Agriculture and Fisheries
Done in Paris, June 11, 2008.
François Fillon
By the Prime Minister:
Minister of State, Minister of Ecology,
of energy, sustainable development
and landscaping,
Jean-Louis Borloo
The Minister of the Interior,
the overseas and territorial authorities,
Michèle Alliot-Marie
Minister of Economy,
industry and employment,
Christine Lagarde
The Minister of Immigration,
integration, national identity
and solidarity development,
Brice Hortefeux
Minister of Agriculture and Fisheries,
Michel Barnier
Minister of Labour, Social Relations,
of the family and solidarity,
Xavier Bertrand
The Minister of Health,
youth, sports
and associative life,
Roselyne Bachelot-Narquin
Minister of Housing and City,
Christine Boutin
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
