The European Economic Area Financial Instruments And Financial Instruments In Norway 2009-2014 Period, The Control Law

Original Language Title: Eiropas Ekonomikas zonas finanšu instrumenta un Norvēģijas finanšu instrumenta 2009.—2014.gada perioda vadības likums

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/243910


The Saeima has adopted and the President promulgated the following laws: the European economic area financial instruments and financial instruments in Norway 2009-2014 period management law, chapter I. General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) to the European economic area financial instruments: financial instruments that have been created on the basis of 14 October in Luxembourg signed the Treaty "for the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic membership in the European economic area", and that the funding by the European economic area and European Free Trade Association countries; 2) Norway: financial instruments financial instruments that have been created on the basis of 14 October in Luxembourg signed the Treaty "for the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic membership in the European economic area", and that the funding by the Kingdom of Norway; 3) of the European economic area financial instrument Committee-European economic area and European Free Trade Association countries established a Committee that manages the European economic area financial instrument and decide on the European economic area financial instrument for co-financing programmes; 4) Office — a financial instrument of the European Free Trade Association countries established the institution of donor countries provide the parties to the European economic area and the Norwegian financial instruments a financial instrument (financial instruments); 5) financial instruments: (a) guidance document) the memorandum of understanding on the European economic area to the enforcement of the financial instruments in 2009-2014, concluded between the Republic of Latvia and Iceland, the Principality of Liechtenstein, the Kingdom of Norway and approved by the Cabinet of Ministers of 29 March 2011 regulations No 251 "about Latvia and the Republic of Iceland, the Principality of Liechtenstein and the Kingdom of Norway on the memorandum of understanding on the European economic area, the implementation of the instruments in the 2009-2014" , b) memorandum of understanding on the implementation of the financial instrument of Norway in 2009-2014, concluded between the Republic of Latvia and the Kingdom of Norway and approved by the Cabinet of Ministers of 29 March 2011 regulations no 252 "for the Republic of Latvia and the Kingdom of Norway on the memorandum of understanding on the implementation of the financial instrument of Norway in 2009-2014", c) to the European economic area financial instrument Committee 2011 January 13 approved the rules of the European economic area to the enforcement of the financial instruments in 2009-2014. , d) of the Ministry of Foreign Affairs of Norway 2011 11 February, approved the rules on the implementation of the financial instrument of Norway in 2009-2014, e) of the Office of the financial instrument and the European economic area or of the Committee of the financial instrument of the Ministry of Foreign Affairs of Norway approved guidelines relating to the European economic area and the Norwegian financial instruments a financial instrument is the introduction of the 2009-2014; 6) program: a package of measures intended to implement with the support of the financial instruments that are focused on specific outcomes and objectives and set out in paragraph 5 of this article, "a" and "b" (B) referred to in the annexes; 7) program agreement-the agreement on the implementation of the programme managing authority, which negotiated with the Ministry of Foreign Affairs of Norway or of the European economic area financial instrument Committee, after approval; 8) operator: Ministry of industry or society integration fund, which in paragraph 5 of this article, "a" and "b" (B) referred to in the annexes set out as responsible for the implementation of the programme. The program manager may implement the program in partnership with other direct public administration, derived public person by another public authority or in the Republic of Latvia registered legal person or an Association of such persons or institutions, in cooperation with donor countries; 9) — direct public administration institution that law duly implement the part of the operator's functions; 10 application — application) project (completed form and its attachments), submitted by the applicant for the project to qualify for the project the required co-financing of financial instruments; 11) project: project submission that meets the project criteria for the evaluation of the application and which is approved by the program manager; 12) project application evaluation criteria — determining indicators that evaluate the project application and adopt a decision on its approval, approval with conditions or disapproval; 13) predefined project — paragraph 5 of this article, an "a" or "b" referred to in Annex B, or in a specific project; 14) small grants scheme-programme activity, which isolated funding is from 5000 eur 250 000 euros equivalent in lats after the Bank of Latvia exchange rate, excluding grants, of which funding may be less than 5000 euro equivalent in dollars after the Bank of Latvia exchange rate; 15) project applicant, direct or in direct public administration, derived public persona, other State authority in the Republic of Latvia registered legal person or an Association of such persons; 16) recipient of the co-financing — submission by the applicant of the project which the project application has been approved by the program manager or agency, as well as predefined in the project implementer, approved by the European economic area, the Committee of the financial instrument or the Ministry of Foreign Affairs of Norway; 17) project contract: a contract for the project or advance the implementation of the project, which concluded the program manager or agency with the beneficiaries of co-financing (civil contract, co-financing beneficiary is an individual, the Republic of Latvia registered legal person or an Association of such persons or, if the arrangement of co-financing beneficiary is direct or mediated by the national regulatory authority, the child's public person, or other public authority); 18 strategic review, report), which contains information on the financial instrument for the implementation of progress during the year and that the managing authority shall be drawn up in accordance with paragraph 5 of this article, the "c" and "d" referred to in the management of financial instruments. 2. article. The purpose of the law the purpose of the law is to define the management of financial instruments to promote efficient, transparent and reliable financial management under the financial instrument for the introduction in Latvia. 3. article. The scope of the law, the law defines the management of financial instruments and institutions involved in the project or advance the project co-financing, the rights and obligations of the beneficiary, as well as financial instruments in the management of the institutions involved in the decision-making, the opposition and appeal procedures. 4. article. Management of financial instruments (1) management of financial instruments are: 1) the memorandum of understanding and preparation of the amendments concerning the financial instrument for the implementation of the programme (including the above project), preparation, coordination and approval; 2) financial instrument for the management and control system; 3) application evaluation criteria project development, project selection and approval of the application; 4) program, project, or advance projects, control and audit; 5) payments; 6) reporting on identified inconsistencies; 7 monitoring and evaluation); 8) project or advance purchase of project documentation and procurement procedures for pre-verification. (2) financial instruments in the management of institutions and persons involved in the management of financial instruments in respect of the principle of effectiveness, efficiency and economy. 5. article. Financial instruments and co-financing of national co-financing (1) of the European economic area or the Norwegian financial instrument project to the application in accordance with this law shall not create an obligation for the institution involved in the management of the grant applicant of the project of the European economic area or the Norwegian co-financing of financial instruments or national co-financing. (2) the national co-financing of municipal Union of Latvia as the recipient of the predetermined co-financing project supports from the State budget. Chapter II. The financial instrument for the management of

6. article. Management of financial instruments, institutions and persons concerned (1) the financial management of the instrument provides: 1) such financial instruments in the management of the participating institutions: a) the managing authority, b), c) program operator Agency, d), (e) the audit authority) certification authority, f) procurement monitoring Bureau, g) Monitoring Committee; 2. the beneficiaries of co-financing) (2) in order to achieve the objectives of this law, the financial instruments in the management of the participating institutions to issue internal regulations and cooperate with Government installations in accordance with the procedure prescribed by law. (3) financial instruments in the management of the institutions involved in the management of financial instruments financial instruments in respect of the management of the documents. 7. article. The managing authority, its obligations and rights (1) the managing authority shall have the following responsibilities: 1) ensure the memorandum of understanding and the preparation of the amendments on the introduction of the financial instrument; 2) to provide the financial instrument for the management and effectiveness of implementation; 3) to provide technical assistance in the implementation of aid provided by the Fund and monitoring; 4) to ensure the development of the law in relation to financial management and implementation; 5) provide the financial instrument for the management and control system; 6) to create and implement a system for reporting irregularities in the framework of the financial instrument; 7) to monitor the implementation of financial instruments; 8) prepare and submit to the Office of the financial instrument the strategic review; 9) to ensure the implementation of the financial instrument of publicity in Latvia. (2) the managing authority has the following rights: 1) propose and take a financial instrument for the control and audit; 2) request from the financial instruments in the management of the participating institutions and individuals the information necessary for the management of financial instruments. (3) the managing authority shall perform the functions of the Ministry of finance. (4) the Ministry of finance to provide the functions that it performs under this act as the managing authority, be separated from other functions. 8. article. The program operator's responsibilities and rights (1) the program manager has the following responsibilities: 1) programme; 2) develop regulations to ensure the implementation of the programme; 3) create cooperation programmes which are being implemented in partnership with donor countries and institutions to manage the work of the cooperation Committee; 4 develop a project submissions) evaluation criteria; 5) develop programme management and control system; 6) provide separate accounting records for the program; 7) to ensure the application of the draft invitation to tender; 8) to ensure the application of the project evaluation and selection; 9) to ensure the project contract; 10) provide the implementation of the programme under the financial instrument for the management of documents, the requirements of the agreement, the Republic of Latvia to the European Union and international laws; 11) to ensure the project or advance the implementation of the project monitoring and control; 12) check and confirm the reports submitted by the beneficiaries of co-financing statements and supporting documentation for expenditure; 13) to ensure the implementation of the publicity programme, and to monitor the project publicity requirements; 14) to recover the improper expenses incurred and provide features not used or not according to the reimbursement of the expenditure incurred. (2) the program operator has the right to request from the financial instruments in the management of the institutions involved and the co-financing requested information necessary for the programs, projects, or predefined project implementation, monitoring and control. 9. article. The determination of the Agency, program managers and agency cooperation arrangements (1) Agency, the distribution of competences between the operator and the Agency, as well as the cooperation procedure determined by the Cabinet of Ministers. (2) the program manager, the performance of this law, the first paragraph of article 8 obligations, can delegate part of the Agency. (3) this law article 8, first subparagraph 1., 2., 3., 4. and 5. the obligations laid down in point performs only in the operator. (4) the Agency, in fulfilling the second part of this article, the obligations, is the functional departments of the operator. (5) the functions that the authority carries out as the operator or agency are separated from the functions that it performs as co-financing by the beneficiary. 10. article. The responsibility of the audit authority and the right to (1) the authority shall have the following responsibilities: 1) provide financial instruments management in institutions involved in the financial instruments set up management and control systems for conformity assessment; 2) ensure that the programme manager and agency programs created in the management and control systems for conformity assessment; 3) nine months after the approval of the programme to prepare and submit to the Office of the financial instrument the audit strategy; 4) prepare and submit to the managing authority annual audit plan; 5) to ensure the audit to verify the financial instrument for the management and control systems for compliance, performance and effectiveness; 6) to ensure the audit to verify the program's management and control system in compliance with, and effectiveness of activities; 7) provide project or advance the project audit, on the basis of an appropriate sample to verify that the expenditure declared under the programme are applicable; 8) prepare and submit to the Office of the financial instrument annual audit report and opinion on management and control systems for compliance, performance and effectiveness; 9) prepare and submit to the Office of financial instruments in the final audit report and a final declaration which is considered the final payment application is well founded; 10) develop legislation related to the functions of the audit authority. (2) the audit authority is entitled to demand from the financial instrument for the management of the institutions involved and the co-financing requested information necessary for the audit of financial instruments, as well as to ensure that the financial instrument for the implementation and monitoring of the effectiveness of the system. (3) the audit authority for the Ministry of finance. (4) the Ministry of finance to provide the functions that it performs under this law as the audit authority is separate from its other functions. (5) for the year To March 1 with the audit authority for the Minister of Finance shall inform, through the Cabinet for the year under review the audit results. If the audit authority is the news that the introduction of financial instruments can be affected significantly, the audit authority shall immediately inform the Cabinet. 11. article. Certification authority obligations and rights (1) the certification authority has the following responsibilities: 1) submit to the Office of the financial instrument approved interim financial reports and final reports of the programme; 2) provide information to the Office of the financial instrument on the planned payment requests; 3) ensure payments program managers and the repayment of the State budget; 4) provide financial instrument submitted to the Office of interim financial statements and the statutory as well as received and the program operator or agency paid financial instrument accounting of funds; 5) to report to the Office of financial instruments financial instruments within the accrued interest; 6) to monitor the funds not used or not according to the reimbursement of the expenditure incurred. (2) the certification authority has the right to demand from the financial instrument for the management of the institutions involved and the co-financing requested information necessary to perform its duties. (3) a certification authority for the Treasury. (4) the State which provides for the functions that it performs under this act as a certification authority, be separated from other functions. 12. article. Procurement monitoring Bureau, its obligations and rights (1) the procurement monitoring Bureau supports the European economic area financial instruments or financial instruments project of Norway or predefined project procurement documentation and procurement procedures for random pre-verification. (2) the procurement monitoring Bureau has the right to request from the financial instrument for the management of the institutions involved and the co-financing requested information necessary to ensure the European economic area financial instruments or financial instruments project of Norway or predefined project procurement documentation and procurement procedures for pre-verification. 13. article. The Monitoring Committee (1) the Monitoring Committee is a collegial management of financial instruments involving bodies established to monitor the implementation of financial instruments. The Monitoring Committee approved the regulations of the Cabinet of Ministers. (2) the composition of the Monitoring Committee, approved by the head of the managing authority. The Supervisory Committee shall be chaired by a representative of the managing authority. The managing authority shall provide the Secretariat of the Monitoring Committee. 14. article. Obligations of the beneficiaries of co-financing

Co-financing is the recipient of the following responsibilities: 1) provide or advance in the project project implementation according to the project agreement, the Republic of Latvia to the European Union and international laws; 2) provide for each of the European economic area financial instruments or financial instruments in Norway, the project or the project previously established separate accounting records; 3) to provide information on the European economic area financial instruments or financial instruments project of Norway or predetermined, and to ensure the implementation of the project of the European Free Trade Association, the Board of Auditors of the European economic area, the Committee of the financial instrument of the Ministry of Foreign Affairs of Norway, the Republic of Latvia national control, as well as the financial instrument for the management of the institutions involved in the access of all to the European economic area financial instruments or financial instruments project of Norway or predetermined project implementation related to the original document , as well as the implementation of the project site; 4) ensure projects and prefixed project publicity requirements; 5) repay the program operator or agency received the European economic area financial instrument or financial instrument of Norway part of co-financing and national co-financing, which is not used or is not used according to paragraph 1 of this article, the conditions. 15. article. Cabinet's competence in financial instruments in order to ensure the control of the management of financial instruments, the Cabinet determines: 1) the order in which the financial instrument for the management of the institutions involved in the financial management of the instrument; 2) order in which the State budget plan features of financial instruments for the co-financed programmes and projects implementation and payments; 3) order in which financial instruments in the management of the participating institutions provide financial instrument for monitoring, evaluation, audit and report on financial instruments in the management of the identified discrepancies, as well as recover the improper expenses incurred; 4) order in which provides the functions of the audit authority in the management of financial instruments; 5) procedures for implementing the program and program managers, and the functional form of the subordination of the Agency; 6) determines the order in which the project application evaluation criteria and public tender requirements the project applicant; 7) programs and its operator partner cooperation arrangements, if the program is implemented in partnership. 16. article. Document retention period management of financial instruments, institutions and persons concerned shall keep all of the members of the European economic area financial instruments or financial instruments in Norway, the project or the project predetermined original documents related to the five years after conclusion of the programme or project report. Chapter III. The program manager and the decision of the Agency, the opposition and the appeal of article 17. Program managers and agency decision (1) the program manager or agency shall adopt a decision concerning the European economic area or the Norwegian financial instruments project approval submission, approval or rejection of the condition, as well as the decision on the recovery of the financing granted. (2) the decision on the European economic area financial instruments or financial instruments in Norway the project approval submissions, shall adopt, if it complies with the European economic area financial instruments or financial instruments project of Norway application evaluation criteria and within the framework of the open competition funding is available for the implementation of the project. (3) the decision on the European economic area financial instruments or financial instruments in Norway the project approval, provided the application is accepted if the European economic area financial instruments or financial instruments in Norway the project the applicant must take the program operator or agency and to the European economic area Norway's financial instruments or financial instruments project could prepare and implement accordingly. The conditions in the decision include the implementation and control, subject to the regulations on the European economic area financial instruments or financial instruments in Norway. If any of the conditions set out in the decision is not executed within the time limit laid down in the decision, to the European economic area financial instruments or financial instruments project of Norway's application shall be deemed to have been rejected. (4) the decision of the European economic area financial instruments or financial instruments project of Norway's rejection of the application shall be adopted, if it does not correspond to the European economic area financial instruments or financial instruments project of Norway application evaluation criteria and to the European economic area financial instruments or financial instruments project of Norway's clarification of the application of this article in accordance with the fifth paragraph of the impact of the European economic area financial instruments or financial instruments project of Norway's submission on the merits and when the European economic area financial instruments or financial instruments in Norway the project submission complies with the European economic area financial instruments or financial instruments project of Norway submission evaluation criteria, but within the framework of the open competition funding is not available for the implementation of the project. (5) the decision on the recovery of funds granted shall be adopted, if the recipient has paid the co-financing allocated to the European economic area or the Norwegian co-financing of the financial instrument or national financing, but it is not used or is not used according to the requirements of the law, the provisions of the contract of the project or its use does not comply with article 4 of this law, on the other part. 18. article. Program managers and agency decision (1) the operator of the program or agency under the European economic area financial instruments or financial instruments in Norway the project the applicant's legal status issued administrative act or adopt regulatory decision. (2) if the members of the European economic area financial instruments or financial instruments in Norway the project applicant is a natural person, established in the Republic of Latvia is a legal person or an Association of such persons, the operator or the decision of the Agency is an administrative act. (3) If the European economic area financial instruments or financial instruments in Norway the project applicant is a direct or in direct public administration, derived public person or another public authority, the operator and the Agency's decision is the Board's decision, it can be a challenge in the order provided for in the law, but it may not be appealed in court. (4) referred to in the third subparagraph of decision issued in writing, and has the following parts: 1) program managers or the name and address of the Agency; 2) recipient — the European economic area financial instruments or financial instruments in Norway the project applicant; 3) fact-finding; 4) Board's decision rationale; 5) a separate listing of suitable legislation (including legislation, part of a point or a point); 6) recipient of the rights granted or denied permissions; 7) for appeal. 19. article. The deadline for taking a decision (1) the program manager or agency on the European economic area financial instruments or financial instruments project of Norway's application approval, approval with conditions or disapproval shall be adopted not later than four months after the European economic area financial instruments or financial instruments in Norway the project closing date for the submission of the application or project details, closing date for submission of the project application selection is organised in two rounds. (2) if the project application selection organized in two rounds, the first part of this article, the time limit specified by the draft excluded the application of the first-round selection the selected project application preparation and submission for the time. 20. article. The European economic area financial instruments or financial instruments project of Norway's clarification of the application of the European economic area financial instruments or financial instruments project of Norway's submission of its submission until a decision on its approval, approval or rejection of the conditions is not made more precise. 21. article. Program managers and the Agency's decision to challenge and appeal

(1) in the European economic area financial instruments or financial instruments in Norway the project applicant could challenge and appeal to article 17 of this law the decisions referred to in the first paragraph, pursuant to article 18 of this law the provisions of the third paragraph. (2) an agency decision can be a challenge for the program manager whose functional subordination pursuant to article 9 of this law is the fourth Agency. The program operator's decision on the contested decision of the Agency may be appealed to the administrative court. (3) the programme manager's decision may be appealed by submitting the application the direct Administration Manager, which created the program manager. If these direct authorities the driver is a member of the Cabinet of Ministers regulations may be appealed to the Court immediately. Head of direct regulatory authority decision on the contested program manager's decision may be appealed to the administrative court. (4) opinion on the implementation of the provisions contained in the decision of the dispute and appealed in the order and within the time limits as the decisions contained in the conditional execution of a prepared opinion. Opinion on the implementation of the provisions contained in the decision can be challenged and appealed the decision, also separately from the condition. (5) the draft opinion or decision or appeal shall not suspend its activity. Chapter IV. The procedures for settling disputes on the European economic area assigned financial instrument or financial instrument of Norway is financing article 22. Dispute resolution procedures for disputes that are assigned to the European economic area financial instruments or financial instruments in Norway of co-financing and national co-financing addressed the administrative procedure law or civil law. 23. article. Decision on funding the recovery of (1) a decision on the co-financing of financial instruments granted and the recovery of the national co-financing adopted article 17 of this law in the fifth subparagraph, the cases and administrative proceedings in accordance with the procedure laid down in the Act, if the recipient of the co-financing may be the recipient of the administrative acts in accordance with article 18 of this law the second part may be directed against him and enforcement. (2) If the recipient of the co-financing may not be recipient of the administrative acts in accordance with article 18 of this law the second part and can not be directed against him forced execution, program manager or agency shall adopt a decision on the administration of the financial instruments granted co-financing and national co-financing. 24. article. Dispute resolution in the civil procedure (1) where this Act article 23 granted under the financial instruments and co-financing of national co-financing arrangements for recovery is not appropriate, as well as when the financial instruments granted co-financing and national co-financing for the recovery of this law do not apply article 17 fourth part and the provisions of article 23, assigned to the co-funding of financial instruments and national co-financing recovers or dispute about the payment of the financial resources or the continuation of payment address civil order. (2) if the beneficiary is the co-financing of direct or direct the Administration, other State authority or public persona, derived financial instrument allocated to co-financing and national co-financing recovers or dispute about the payment of the financial resources allocated to or continuation of payment resolve civil order, excluding the possibility of addressing the dispute in court. 25. article. Duty, going to court, the managing authority of the programme managers, the Agency, the certifying authority or audit authority, going to court for contractual disputes, a State fee shall be paid. Chapter v. Final provisions article 26. Constraints in the management of financial instruments, persons involved in the management of financial instruments involved in commercial activities, income generation and job restrictions, as well as connecting other restrictions and obligations laid down in the law "on prevention of conflict of interest in the activities of public officials". 27. article. The right to consult the case (1) of the European economic area financial instruments or financial instruments in Norway the project applicant at any stage of the proceedings has the right to look at it in the European economic area financial instruments or financial instruments project of Norway's application. (2) the members of the European economic area financial instruments or financial instruments in Norway the project applicant is entitled to acquaint themselves with it submitted to the European economic area financial instruments or financial instruments in Norway the project submission evaluation materials only after the entry into force of the decision on the European economic area financial instruments or financial instruments project of Norway's application approval, approval with conditions or disapproval. (3) the European economic area financial instruments or financial instruments in Norway the project applicant, referring to the European economic area financial instruments or financial instruments project in Norway's case, the application is not disclosed information about people who valued or are valued in the European economic area financial instruments or financial instruments in Norway the project submissions, with the exception of members of the Commission evaluation. Information on the evaluation of the members of the Commission are available in this Act and other legislation and within the limits laid down in the agenda. 28. article. Freedom of information (1) to the European economic area financial instruments or financial instruments project of Norway's application is limited by the availability of information and available under the freedom of information act. (2) On the following general information: 1) co-financing beneficiary (legal person – name and legal address; a physical person: first name and last name); 2) program and the name of the project; 3) assigned to the co-funding of the financial instrument; 4) program or project; 5) summary of the programme or project to the measures to be taken. (3) referred to in the second subparagraph of article information is available after the entry into force of the final decision on the programme (including a predefined project) or the approval of the application. (4) If the European economic area financial instruments or financial instruments in Norway the project application submitted to direct public administration institution or society integration fund, project submission thing is generally available information, other than the project budget summary, including indicative project cost plan. Information on the European economic area financial instruments or financial instruments project in Norway is available from the freedom of information law and order by the European economic area financial instruments or financial instruments in Norway the project closing date for the submission of the application. (5) not disclosed information about people who valued or are valued in the European economic area financial instruments or financial instruments in Norway the project submissions, with the exception of members of the Commission evaluation. Information on the evaluation of the members of the Commission are available in this Act and other legislation and within the limits laid down in the agenda. Transitional provisions 1 the Cabinet until august 31, 2012 does this law article 15 1, 2, 3, and 4. the provisions referred to in paragraph 1. 2. the Cabinet of Ministers to the 2012 issue 28 December 15 of this law, article 5, 6 and 7, the provisions referred to in paragraph 1. The law in the Parliament adopted 26 January 2012.
The President of the Parliament instead of the President s. Āboltiņ in Riga 2012 February 10.